UK Supreme Court Upholds Full Judicial Review of Arbitrators’ Jurisdictional Rulings in Dallah

November 4, 2010

The UK Supreme Court yesterday unanimously held that an arbitral award made by an ICC tribunal was unenforceable in England and Wales, on the basis that there was no valid underlying arbitration agreement between the parties. This decision is of great interest, as it gives guidance as to when, and on what basis, the English courts will consider the validity of an underlying arbitration agreement in proceedings to enforce arbitral awards in England and Wales.