Enforcement of arbitration awards: public policy

Section 103 of the Arbitration Act 1996 provides that recognition or enforcement of a New York Convention award may be refused if it would be contrary to public policy to recognise or enforce the award. Carr J in Carpatsky Petroleum Corporation v PJSC Ukrnafta [2018] EWHC 2516 (Comm) has considered various aspects of the test for the triggering of this discretion where facts pointing to fraud allegedly arose after the award had been delivered.

Carpatsky : the facts