Enforcement of arbitration awards: effect of setting aside by curial court

In the usual course of events, where a foreign arbitration award has been set aside by the curial court, the English courts will treat themselves as bound by the ruling of the court and will not recognise or enforce the award under the New York Convention as implemented by the Arbitration Act 1996. In Maximov v Open Joint Stock Company “Novolipetsky Metallurgichesky Kombinat” [2017] EWHC 1911 (Comm) the award holder tried to persuade the English court that the ruling of the Russian curial courts setting aside the award should not be recognised, by reason of the bias of those courts. Sir Michael Burton rejected the argument on the facts.

Maximov : the facts