Issue estoppel: effect of foreign award

In Eletson Gas LLC v A Ltd and Others [2025] EWHC 1855 (Comm), HHJ Pelling KC concluded that a foreign award which had not been recognised or enforced in England under the New York Convention could not form the basis of a plea of issue estoppel. Ultimately that reasoning was obiter because the plea of issue estoppel was against persons who were not parties to the award and because the award had been suspended by an order of the curial courts.

Eletson: the facts