Commentary

67.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

67.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

| Commentary

67.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award1

The Arbitration Act 1996 Section 103(3) sets out two further grounds2 for resisting enforcement of a New York Convention3 award:

  1. 67.8.1

        Matters not capable of settlement by arbitration: Whether a matter is capable of settlement by arbitration will be determined under English law, as the country where recognition and enforcement is sought. The scope of this ground for non-enforcement is narrow. In determining whether a matter is arbitrable, the courts have held that ‘it is necessary

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