Enforcement of arbitration awards: public policy

The English courts will not recognise or enforce an award – whether it is purely domestic or whether it is made abroad and the application is under the New York Convention – where such enforcement is contrary to public policy. However, the exception is a limited one. The courts are unwilling to undermine an award where the public policy issues have been considered and rejected.

Further, public policy is a limited concept and – while it does extend to fraud – the public policy issue has to be directly related to the award. These conditions were not satisfied in the most recent decision on the point, that of Phillips J in Sinocore International Co Ltd v RBRG Trading (UK) Ltd [2017] EWHC 251 (Comm).