The claimant had achieved a judgment in arbitration proceedings abroad against the respondent foreign government regarding contracts providing services for the Holy Places in Saudi Arabia. The contract made no express provision for the nationality of applicable law. The respondent had not been party itself to the contract. The ICC award, given according to French law, was sought to be enforced in London. This had been ordered at first instance, but the respondent succeeded at the Court of Appeal.
Held: The appeal failed. A court asked to enforce a foreign arbitration award against a party could, if this was challenged, decide agains whether that party had in fact been a party to the contract, and the tribunal’s own view of its jurisdiction had no legal or evidential value, though a court should examine carefully its reasoning and conclusions. French law, as the governing law required a common intention to treat a non-signatory to a contract as bound by an arbitration agreement. The agreement arrangements had been designed to avoid this result, and therefore the respondent was not to be treated a party, and was not subject to the award.
Lord Hope, Deputy President, Lord Saville, Lord Mance, Lord Collins, Lord Clarke
[2010] UKSC 46, UKSC 2009/0165, [2010] WLR (D) 279, [2011] Bus LR 158, 133 Con LR 1, [2011] 1 All ER 485, [2011] 1 AC 763, [2010] 2 Lloyd’s Rep 691, [2010] 3 WLR 1472, [2011] 1 All ER (Comm) 383, [2010] 2 CLC 793
Bailii, SC Summary, SC, WLRD, Bailii Summary
Arbitration Act 1996 103(2)
England and Wales
Citing:
At first instance – Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan ComC 1-Aug-2008
The claimant had obtained an arbitration award, and a without notice order for its enforcement. The defendant applied for it to be set aside on the basis that no law had been agreed which would set the basis for the arbitration, and that the award . .
Appeal from. – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside.
Arbitration
Leading Case
Updated: 02 November 2021; Ref: scu.425743