OWH SE i.L v RTI Ltd (Royal Court : Hearing (Civil) : Birt : Arbitration) [2025] JRC 137 (22 May 2025)

OWH SE i.L v RTI Ltd (Royal Court : Hearing (Civil) : Birt : Arbitration) [2025] JRC 137 (22 May 2025)

Article 46A of the Sanctions Law does not apply retrospectively to acts before its enactment on 8 June 2022. As all relevant acts occurred prior to this date, enforcement of the arbitration award is not contrary to Jersey public policy. RTI's application to set aside the enforcement order fails.

Citation
[2025] JRC 137
Parties
Plaintiff: OWH; Defendant: RTI
Jurisdiction
Jersey
Judgment Date
22 May 2025
Procedural Posture
Application to Set Aside Ex Parte Enforcement Order / Post Award Enforcement Challenge
Outcome
Application dismissed
Legal Topics
Enforcement of Foreign Arbitral Awards, Public Policy Exception, Sanctions Compliance, Retrospective Statutory Interpretation
Arbitration Sanctions Contract Law Enforcement of Foreign Arbitral Awards Public Policy Exception Sanctions Compliance Retrospective Statutory Interpretation

Case Brief

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Parties

OWH

Plaintiff

RTI

Defendant

Procedural Posture

Application to Set Aside Ex Parte Enforcement Order / Post Award Enforcement Challenge

Legal Issues

  1. 1 Whether enforcement of the arbitration award is contrary to Jersey public policy under Article 46A of the Sanctions and Asset-Freezing (Jersey) Law 2019
  2. 2 Whether Article 46A applies retrospectively to acts before its enactment
  3. 3 Whether RTI reasonably believed payment would breach sanctions

Ratio Decidendi

Article 46A of the Sanctions Law does not apply retrospectively to acts before its enactment on 8 June 2022. As all relevant acts occurred prior to this date, enforcement of the arbitration award is not contrary to Jersey public policy. RTI's application to set aside the enforcement order fails.

Court Disposition

Application dismissed

Orders

  • Leave to enforce the arbitration award is upheld
  • RTI's application to set aside the ex parte enforcement order is refused