Arbitration Law Monthly
Illegality: severance of arbitration clause
It is a settled principle of English law that the English courts will not enforce a contract which requires the performance of an illegal act in a friendly foreign country. Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd and Others [2013] EWHC 1063 (Comm) decides that there is no reason why the legality or otherwise of an act under a foreign law should not be determined by arbitration in England.
Golden Ocean
: the facts