30 Apr 2009
A v. R
- Citation
- A v. R
- Court
- Court of First Instance
- Case number
- HCCT54/2008
The public policy exception is narrow and reserved for extreme injustice that shocks the forum's conscience. The Respondent failed to raise the penalty and Clause 12 arguments in the arbitration and deliberately defaulted, preventing factual investigation; it cannot now show the requisite extreme injustice. Accordingly the New York Convention award is enforceable and the previous Order Nisi is made absolute; Respondent must pay Applicant's costs on an indemnity basis.