29 February 2016
Penalties, public policy and the enforcement of arbitration awards
In the recent case of Pencil Hill Ltd v US Citta Di Palermo the High Court held that it would not be contrary to public policy to enforce a New York Convention arbitration award even though that award included obligations which English law would consider to be unenforceable penalties.
The case is a good example of the “pro arbitration stance” of the English courts.
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