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
