R v V

R v V

The court held that the arbitral tribunal had competently and expressly found that the agreement was not illegal under Libyan law nor contrary to English public policy, and there was no evidence of fraud, collusion, or incompetence. There was no basis for the court to go behind the tribunal's findings or to refuse enforcement of the award on public policy grounds. The application was therefore dismissed.

Parties
Claimant: R; Defendant: V
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Commercial Arbitration Enforcement/challenge / Judgment on Application to Set Aside or Refuse Enforcement of Arbitral Award
Outcome
Application dismissed
Legal Topics
Public Policy and Enforcement of Arbitral Awards, Illegality of Contracts, Influence Peddling, Finality of Arbitration, Jurisdiction of Supervisory Courts
Arbitration Commercial Law Conflict of Laws Public Policy and Enforcement of Arbitral Awards Illegality of Contracts Influence Peddling Finality of Arbitration Jurisdiction of Supervisory Courts

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Parties

R

Claimant

V

Defendant

Procedural Posture

Commercial Arbitration Enforcement/challenge / Judgment on Application to Set Aside or Refuse Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award can be set aside or refused enforcement on grounds of public policy due to alleged illegality/influence peddling
  2. 2 Whether the English court can go behind the arbitral tribunal's findings on legality and public policy

Ratio Decidendi

The court held that the arbitral tribunal had competently and expressly found that the agreement was not illegal under Libyan law nor contrary to English public policy, and there was no evidence of fraud, collusion, or incompetence. There was no basis for the court to go behind the tribunal's findings or to refuse enforcement of the award on public policy grounds. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • R's application to set aside or refuse enforcement of the arbitral award is dismissed.