GOL LINHAS AEREAS SA (FORMERLY VRG LINHAS AEREAS SA) V MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS (CAYMAN) II LP AND OTHERS (CAYMAN ISLANDS)

[2022] UKPC 21, Privy Council, Lord Kitchin, Lord Hamblen, Lord Leggatt, Lord Lloyd-Jones and Sir Julian Flaux, 19 May 2022

Arbitration – Jurisdiction – Enforcement of award – Issue estoppel – Departure from legal arguments put to the tribunal – Whether defendants unable to present their case – Public policy – Whether tribunal exceeded scope of reference to arbitration – New York Convention

In 2007 the claimants entered into a share purchase agreement (the Agreement) governed by Brazilian law to buy shares in a Brazilian airline from two companies controlled by the defendants. Under the Agreement, the price payable was subject to adjustment and disputes were to be referred to ICC arbitration in Brazil. The defendants were not parties to the Agreement, but signed an addendum under which they agreed not to compete with the airline business.