Enforcement of arbitration awards: New York Convention

Gol Linhas Aereas SA v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others [2022] UKPC 21; [2022] 2 Lloyd’s Rep 169 was an appeal from the Cayman Islands Court of Appeal to the Privy Council. The judgment, delivered on behalf of the Privy Council by Lords Hamblen and Leggatt, contains a detailed analysis of the operation of the New York Convention.

Of the many important points made in the judgment, perhaps the most significant is the departure from previous authority on the meaning of the defence of want of due process to enforcement and recognition of an award. The Privy Council’s view was that the matter should be tested not under English procedural but rather under recognised international standards.