Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by tracey

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855;  [2012] WLR (D)  186

“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”

WLR Daily, 27th June 2012

Source: www.iclr.co.uk