James Guthrie QC acted for the respondent, the State Trading Corporation (STC), in this important case concerning the Court’s power to set aside an award in an international arbitration under section 39(2)(b)(ii) of the International Arbitration Act / article 34 of the Model Arbitration Law 1985. The Judgment of the Supreme Court of Mauritius, which had set aside the award for being contrary to public policy, was overturned by the Judicial Committee of the Privy Council.
The full Judgment can be read here.
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December 7, 2021