Soleimany v Soleimany [1998] EWCA Civ 285 (19 February 1998)

Soleimany v Soleimany [1998] EWCA Civ 285 (19 February 1998)

An English court will not enforce an arbitration award or foreign judgment if the underlying contract is illegal under English law or the law of a friendly foreign state, as enforcement would be contrary to public policy. The court is entitled to look behind the award to determine if it is based on such illegality.

Source-derived case information.

Citation
[1998] EWCA Civ 285
Parties
Appellant: Abner; Respondent: Sion
Jurisdiction
England and Wales
Judgment Date
19 February 1998
Procedural Posture
Appeal / Appellate Judgment
Outcome
appeal allowed
Legal Topics
Enforcement of Foreign Judgments, Public Policy, Illegality of Contracts, Arbitration Award Enforcement
Conflict of Laws Arbitration Contract Law Enforcement of Foreign Judgments Public Policy Illegality of Contracts Arbitration Award Enforcement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abner

Appellant

Sion

Respondent

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether an English court will enforce a foreign judgment or arbitration award based on a contract illegal under English law or the law of a friendly foreign state
  2. 2 Whether public policy precludes enforcement of such awards or judgments
  3. 3 Whether the separability of arbitration clauses affects enforceability when the underlying contract is illegal

Ratio Decidendi

An English court will not enforce an arbitration award or foreign judgment if the underlying contract is illegal under English law or the law of a friendly foreign state, as enforcement would be contrary to public policy. The court is entitled to look behind the award to determine if it is based on such illegality.

Court Disposition

appeal allowed

Orders

  • judgment on the award set aside
  • order of Master Gowers reversed