UNITED KINGDOM 79 C

High Court of Justice, Queen’s Bench Division, Commercial Court, 15 February 2008

(Gater Assets Limited v. NAK Naftogaz Ukrainiy)

15 - 02 - 2008

UNITED KINGDOM 79 C

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)

Jurisdiction United Kingdom

Original full text Full text decision UNITED KINGDOM 79 C

Excerpt Excerpt decision UNITED KINGDOM 79 C

Summary

See also High Court of Justice, Queen’s Bench Division, Commercial Court, 22 March 2007

(Gater Assets Limited v. NAK Naftogaz Ukrainiy)

UNITED KINGDOM 79 A

and

Court of Appeal (Civil Division), 17 October 2007

(Gater Assets Limited v. NAK Naftogaz Ukrainiy)

UNITED KINGDOM 79 B

Related topics

301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general

503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent

524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases

UNITED KINGDOM 79 C