“Section 103(2)(b) of the Arbitration Act 1996 transposes art V(1)(a) of the New York Convention 1958 into English law. It allows an English court to refuse to recognise or enforce an arbitral award on the ground that the relevant arbitration agreement was invalid ‘under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made’. Courts have held that s 103(2)(b) also applies where a defendant proves ‘that the [arbitration] agreement is not binding on it because [it] was never a party to [the arbitration agreement]’: Dallah Real Estate and Tourism Holding Co v Government of Pakistan [2010] UKSC 46; [2011] 1 AC 763 at [12] and [77]. If a defendant establishes that it is not a party to, and is not otherwise bound by, the arbitration agreement, an English court can refuse to enforce the award …”
€ (Westlaw)
Matthew Chan and Myron Phua, ‘Alleged non-parties to an arbitration agreement’ (2022) 138 Law Quarterly Review (July) 376-381.
First posted 2022-06-04 08:45:38
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