On the Discretion to Enforce Awards under the New York Convention - A Casenote on Dallah v. Government of Pakistan

11 Pages Posted: 22 May 2011 Last revised: 5 Jun 2011

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: May 12, 2011

Abstract

This note discusses the conflicting decisions rendered by the UK Supreme Court and the Paris Court of Appeal in Dallah v. Pakistan. In this case, English courts denied recognition to an ICC arbitral award made in Paris for lack of jurisdiction of the arbitral tribunal over the Government of Pakistan, while French courts rejected a challenge against the award on the same ground. The note explores why courts in each jurisdiction reached opposite results and concludes that English courts ought to have given weight (which does not mean give res judicata) to the jurisdictional finding of the arbitral tribunal when exercising their discretion, under the New York Convention, to enforce awards notwithstanding the finding that one of the grounds for denying recognition existed.

Note: Downloadable document is in French.

Keywords: Arbitration, Arbitral Awards, Enforcement, New York Convention, Arbitration Agreement, Extension to non-signatories

Suggested Citation

Cuniberti, Gilles, On the Discretion to Enforce Awards under the New York Convention - A Casenote on Dallah v. Government of Pakistan (May 12, 2011). University of Luxembourg Law Working Paper No. 20011-04. Available at SSRN: https://ssrn.com/abstract=1839458

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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