Enforcement of foreign awards: notice of proceedings and inability to present case

One of the grounds upon which enforcement of a foreign arbitration award made in a New York Convention country may be refused by the English courts is where the respondent was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case.

The novel question in Zavod Ekran OAO v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm) was whether proceedings served on the respondent and then conducted in a language not understood by the respondent triggered the power of the English court to refuse enforcement.