The courts have been staunch supporters of enforcing arbitration
awards but, as David Owens argues in our latest alternative dispute
resolution series article, there are limits.
It has been a truth universally acknowledged in recent years
that the English courts are prepared to go to almost any lengths to
facilitate the enforcement of arbitration awards. It therefore
comes as something of a surprise that recent developments in the
case of Cruz City 1 Mauritius Holdings v Unitech Ltd [2013]
EWHC 1323 (Comm) appear to place a limit on what will be
allowed.
The case relates to a slum clearance and redevelopment project
in Mumbai that went badly wrong. Cruz City was investing in the
scheme, and Unitech are one of India's largest real estate and
development companies. Under the terms of the arbitration agreement
between them, Cruz City commenced a number of LCIA arbitrations
against Unitech in London. It was largely successful, and in July
2012 obtained a decision that
