The court was asked to enforce an award of a foreign court, but the claimant objected to admission of evidence as to the procedures underlying the obtaining of the judgment which might go to show unfairness.
Held: International comity and the act of state doctrine did not preclude such an examination. Judicial acts were not to be equated to acts of the state itself.
‘The important thing is to recognise that increasingly in the modern world the doctrine is being defined, like a silhouette, by its limitations, rather than to regard it as occupying the whole ground save to the extent that an exception can be imposed.’
Judges:
Rix, Longmore, Davis LJJ
Citations:
[2012] EWCA Civ 855, [2013] 1 All ER 233, [2012] WLR(D) 186, [2012] 2 Lloyds Rep 208, [2013] 3 WLR 1329, [2012] 2 CLC 549, 143 Con LR 1, [2014] 1 QB 458, [2013] 1 All ER (Comm) 327
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Yukos Capital SARL v OJSC Rosneft Oil Company and Others ComC 16-Apr-2010
Application to discharge freezing order. . .
Appeal from – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 14-Jun-2011
Determination of preliminary issues in application to enforce arbitration awards. . .
Cited by:
At CA – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 3-Jul-2014
Preliminary questions relating to the entitlement of the Claimant to recover interest on principal sums awarded in four awards by arbitration tribunals with a Russian seat. . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.
Arbitration, International
Updated: 23 May 2022; Ref: scu.461730
