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L ord M ustill and the C ourts of T ennis – D allah v P akistan in E ngland, F rance and U topia
Author(s) -
Kleinheisterkamp Jan
Publication year - 2012
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2012.00918.x
Subject(s) - jurisdiction , arbitration , presumption , law , tribunal , enforcement , state (computer science) , utopia , political science , sociology , mathematics , algorithm
This note analyses the reasoning of the E nglish and F rench courts in D allah R eal E state and T ourism H olding C o v M inistry of R eligious A ffairs, G overnment of P akistan , in which an arbitral tribunal had accepted jurisdiction over the G overnment of P akistan on the basis of an arbitration agreement concluded by a trust that was created, controlled, and then extinguished by the G overnment. It highlights the E nglish courts' clarifications on the degree to which arbitral awards should benefit from the presumption of validity at the stage of enforcement and discusses how the cultural background of the E nglish and F rench judges – and of the arbitrators – drove them to come to contradictory results. Moreover, it argues that both judges and arbitrators, owing to the way the parties framed their arguments, probably missed the proper solution of the case.