Reference : Note sous Cour d’appel anglaise, 20 juill. 2009, Dalah
Scientific journals : Short communication
Law, criminology & political science : Judicial law
Note sous Cour d’appel anglaise, 20 juill. 2009, Dalah
Cuniberti, Gilles mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Cahiers de l'Arbitrage
Lextenso Éditions
[en] This note offers a French point of view on Dallah v. Pakistan. In this case, English courts denied recognition to an ICC arbitral award made in Paris for lack of jurisdiction of the arbitral tribunal over the Government of Pakistan. Although it also briefly discusses the other issues addressed in the judgment, the note focuses on the decision of the English court to assess whether the arbitral tribunal had jurisdiction pursuant to French law despite the fact that the tribunal had reached its decision by application of transnational principles, and that French law also provides that arbitration agreements are not governed by national law, let alone the law of the seat of the arbitration, but rather by transnational principles. The note concludes that the pro-arbitration policy of the New York Convention should have led the English court to take into account French conflict of laws rules.

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