Banco Nacional De Comercio Exterior SNC v Empresa De Telecomunicaciones De Cuba SA

Banco Nacional De Comercio Exterior SNC v Empresa De Telecomunicaciones De Cuba SA

The annulment of the Paris arbitration award does not render recognition or enforcement of the Turin Judgment manifestly contrary to UK public policy. The obligations under the Loan and Escrow Agreements are autonomous, and the Italian courts have already considered and rejected the grounds for a stay. The English court is prohibited from reviewing the substance of the foreign judgment or assessing the prospects of success of the Italian appeal. There is no exceptional public policy ground to refuse recognition, and the general principle of enforceability of judgments pending appeal applies.

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 / Judgment on Appeal Against Registration of Foreign Judgment and Application for Stay
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Stay of Proceedings, Effect of Annulled Arbitral Award, Enforcement Pending Appeal
Private International Law Civil Procedure Commercial Law Recognition and Enforcement of Foreign Judgments Public Policy Exception Stay of Proceedings Effect of Annulled Arbitral Award Enforcement Pending Appeal

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Parties

Banco Nacional de Comercio Exterior S.N.C.

Claimant/respondent

Empresa de Telecomunicaciones de Cuba S.A.

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Registration of Foreign Judgment and Application for Stay

Legal Issues

  1. 1 Whether recognition and enforcement of the Turin Judgment is manifestly contrary to UK public policy under Article 34.1 of Council Regulation (EC) 44/2001
  2. 2 Whether the appeal proceedings in England should be stayed pending the outcome of the Italian appeal and/or the effect of the annulled arbitration award
  3. 3 Whether the annulment of the Paris arbitration award affects enforceability of the Turin Judgment

Ratio Decidendi

The annulment of the Paris arbitration award does not render recognition or enforcement of the Turin Judgment manifestly contrary to UK public policy. The obligations under the Loan and Escrow Agreements are autonomous, and the Italian courts have already considered and rejected the grounds for a stay. The English court is prohibited from reviewing the substance of the foreign judgment or assessing the prospects of success of the Italian appeal. There is no exceptional public policy ground to refuse recognition, and the general principle of enforceability of judgments pending appeal applies.

Court Disposition

Appeal dismissed

Orders

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