We
have earlier posted on the Dallah v Pakistan case here and here and there was
some discussion here too.
In
this year's Alexander Lecture, President of the UK Supreme Court and CIArb
Patron The Right Hon the Lord Phillips of Worth Matravers will analyse the
judgments made by the Supreme Court and the Paris Court of Appeal in the
landmark case of Dallah v Pakistan. Lord
Phillips will consider why the two courts came to different conclusions,
exploring the possible implications for the arbitration community as a whole.
Dallah
Real Estate and Tourism Holding Company v The Ministry of Religious Affairs,
Government of Pakistan is arguably a case which has been waiting to happen for
years. An award rendered in Paris to be enforced in London saw the English
courts seeking to determine whether a government could be liable to honour an
arbitration award rendered against it in relation to a contract and arbitration
clause which did not name it as a party.
As a
former eminent arbitration practitioner and President of the Supreme Court,
Lord Phillips had a unique front-row seat in the proceedings and is ideally
placed to offer his observations on a case which has gripped the arbitration
community in recent months.
The lecture takes place on November 16 in London. More
information on the event can be accessed here.
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