Banco Nacional De Comercio Exterior SNC v Empresa De Telecomunicaciones De Cuba SA [2007] EWHC 2322 (Comm) (11 October 2007)

Banco Nacional De Comercio Exterior SNC v Empresa De Telecomunicaciones De Cuba SA [2007] EWHC 2322 (Comm) (11 October 2007)

The annulment of the arbitration award does not render recognition of the Turin Judgment manifestly contrary to public policy, as the obligations under the relevant agreements are autonomous and the Italian courts have already addressed the issue of prejudice. The English court is prohibited from reviewing the substance of the foreign judgment or assessing the prospects of success of the pending appeal. There is no exceptional prejudice to justify a stay, and the general principle of enforceability of judgments before exhaustion of appeals applies.

Citation
[2007] EWHC 2322 (Comm)
Parties
Claimant/respondent: Banco Nacional de Comercio Exterior S. N. C.; Defendant/appellant: Empresa de Telecomunicaciones de Cuba S. A.
Jurisdiction
England and Wales
Judgment Date
11 October 2007
Procedural Posture
Appeal / Appeal From Ex Parte Order Registering Foreign Judgment
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Stay of Proceedings, Arbitration and Jurisdiction Clauses
Private International Law Commercial Law Civil Procedure Recognition and Enforcement of Foreign Judgments Public Policy Exception Stay of Proceedings Arbitration and Jurisdiction Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Banco Nacional de Comercio Exterior S. N. C.

Claimant/respondent

Empresa de Telecomunicaciones de Cuba S. A.

Defendant/appellant

Procedural Posture

Appeal / Appeal From Ex Parte Order Registering Foreign Judgment

Legal Issues

  1. 1 Whether recognition of the Turin Judgment is manifestly contrary to public policy under Article 34.1 of Council Regulation (EC) 44/2001
  2. 2 Whether a stay of the appeal proceedings should be granted under Article 46.1 of the Regulation

Ratio Decidendi

The annulment of the arbitration award does not render recognition of the Turin Judgment manifestly contrary to public policy, as the obligations under the relevant agreements are autonomous and the Italian courts have already addressed the issue of prejudice. The English court is prohibited from reviewing the substance of the foreign judgment or assessing the prospects of success of the pending appeal. There is no exceptional prejudice to justify a stay, and the general principle of enforceability of judgments before exhaustion of appeals applies.

Court Disposition

Appeal dismissed

Orders

  • Application for stay of appeal dismissed
  • Registration of the Turin Judgment as an English judgment upheld