Enforcement of arbitration awards: illegality and public policy

The New York Convention, implemented in England by the Arbitration Act 1996, sets out a public policy defence to an application for the enforcement of an overseas award. In RBRG Trading (UK) Ltd v Sinocore International Co Ltd [2018] EWCA Civ 838 the Court of Appeal has reconsidered the principles applicable to the operation of the defence.

It has been reaffirmed that, unless there is a public policy issue under the law applicable to the contract, English law provides a defence to enforcement only where the illegality is of a class recognised internationally and is causally linked to the enforcement of the award.