Arbitration Law Monthly
New York Convention: use to challenge an award
In Star Hydro Power Ltd v National Transmission and Despatch Co Ltd [2025] EWCA Civ 928; [2025] 2 Lloyd's Rep 215 the Court of Appeal confirmed that the New York Convention merely provided an award debtor with a list of defences to the recognition and enforcement of an arbitration award. It did not give the award debtor the right to challenge the award in foreign proceedings unless faced with an enforcement action. That meant that the English courts would restrain by anti-suit injunction any challenge to an English award in such foreign proceedings.
Star Hydro Power: the contract