header-logo header-logo

30 July 2021 / Mark Buckley
Issue: 7943 / Categories: Features , Arbitration , Procedure & practice
printer mail-detail

International arbitration & public policy: taming the unruly horse

53854
Mark Buckley examines the setting aside of international arbitration awards for reasons of public policy
  • In an important judgment, the Judicial Committee of the Privy Council has held that the Supreme Court of Mauritius was not entitled to review the decision of an arbitrator as to the legality of a contract under Mauritian public procurement laws.

As far back as 1824, Burrough J said: ‘Public policy is a very unruly horse, and when you get astride, you never know where it will carry you,’ in his judgment in Richardson v Mellish (1824) 2 Bing 229, [1824-34] All ER Rep 258. Nearly 200 years later, in an important judgment of the Judicial Committee of the Privy Council on 14 June 2021 in Betamax Ltd v State Trading Corp (Mauritius) [2021] UKPC 14, [2021] All ER (D) 77 (Jun), the horse has been well and truly tamed.

The case is important because it concerns the extent to which a court can set aside or refuse to enforce

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll