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Cukurova Holdings A.S -v- Sonera Holdings B.V. [2014] UKPC 15

May 2014 Arbitration

BRITISH VIRGIN ISLANDS

PRIVY COUNCIL

APPEAL TO HER MAJESTY IN COUNCIL – ARBITRATION ORDINANCE (THE “ACT”) – CONSTRUCTION OF SECTION 36(2)(C) AND 36 (2)(D) OF THE ACT – JURISDICTION OF THE ENFORCING COURT TO SET ASIDE THE REGISTRATION OF AN AWARD

Cukurova Holdings A.S.’s (“Cukurova”) appeal to the Board was against the Commercial Court and Court of Appeal’s refusal to set aside the registration of an ICC arbitration award. The appeal raised three questions, namely whether:

  • the Tribunal had jurisdiction to grant the relief in the final Award or whether enforcement of the final award should be refused pursuant to Section 36(2)(d) of the Act. Section 36(2)(d) provides that enforcement of a Convention award may be refused if it is proven that the award deals with a difference not contemplated by or falling within the terms of the submission or contains decisions on matters beyond the scope of the submission;

  • (the Court of Appeal was correct in concluding that Cukurova had not been unable to present its case before the Tribunal within the meaning of Section 36(2) (c) of the Act; and

  • the Court of Appeal was correct to conclude that enforcement of the Final Award would not be contrary to the public policy of the British Virgin Islands within the meaning of Section 36(3) of the Arbitration Ordinance.

 

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Cukurova Holdings A.S -v- Sonera Holdings B.V. [2014] UKPC 15

 

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