Problematic arbitration awards under the New York convention (1958)

probing the Arbitration Tribunal’s Jurisdictional Decision that a Resisting Party is a Party to an Arbitration Agreement

Abstract

The United Kingdom Supreme Court in Dallah Real Estate & Tourism Holding Co v Pakistan (2010) has held that if a person or entity (`the resisting party’) consistently denies that it is a party to an arbitration agreement, and so opposes the arbitrators’ supposed jurisdiction, and the award against the resisting party falls for recognition or enforcement under the New York Convention (1958), the enforcing court (where recognition or enforcement is sought) can re-open and re-examine in full and afresh the disputed issues of law and fact on the question whether the resisting party was truly a party to the relevant arbitration agreement.