The appellant appealed a decision recognizing and enforcing two Russian arbitral awards against it.
The application judge had refused to consider the appellant's evidence of alleged death threats, which the appellant claimed prevented its participation in the arbitration, on the basis of issue estoppel from a prior proceeding.
The Court of Appeal allowed the appeal, finding that issue estoppel did not apply and that the application judge erred by failing to exercise residual discretion to prevent injustice.
The enforcement application was remitted for a fresh determination.
