SVENSKA PETROLEUM EXPLORATION A.B. v. GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND ANOTHER

[2005] 1 Lloyd's Rep. 515

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Nigel Teare, Q.C. sitting as a Deputy Judge of the High Court

Arbitration - Recognition and enforcement of foreign awards - Award given against defendant State - Application by claimants to enforce award in England - Defendant arguing that arbitrators had no jurisdiction but participating in arbitration after adverse ruling on jurisdiction - Whether award should be recognized - Significance of defendant’s participation in the arbitral proceedings - Issue estoppel - Arbitration Act, 1996, ss. 73(2) and 103.