Weekly Update: A Summary of Recent Developments in Insurance, Reinsurance and Litigation Law

This Week's Caselaw

Dallah Real Estate v Government of Pakistan

Supreme Court decision on enforcing an arbitration award/scope of Kompetenz- Kompetenz principle

http://www.bailii.org/uk/cases/UKSC/2010/46.html

The Court of Appeal's decision in this case was reported in Weekly Update 27/09. The government of Pakistan set up a trust and that trust entered into an agreement with the appellant. The agreement provided for arbitration under the rules of the ICC in Paris. There was no express choice of law. The trust ceased to exist and the appellant purported to commence an ICC arbitration against the government instead. The government contested the jurisdiction of the tribunal. The tribunal found that it did have jurisdiction and made an award in favour of the appellant. The appellant then sought to enforce that award under the Arbitration Act 1996 (which gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958).