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Arbitration awards: illegality and public policy

Arbitration Law Monthly

Arbitration awards: illegality and public policy

In Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14 the Privy Council, hearing an appeal from the Supreme Court of Mauritius, had the opportunity to restate the principles applicable to challenges to an award (or applications for its enforcement) where it is alleged that the contract at stake in the dispute was allegedly illegal. The Privy Council confirmed that a finding by the tribunal that the contract is not illegal is not a matter that can be reopened on appeal.

Betamax : the facts

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