The applicant, Prospector PTE.
Ltd., sought recognition and enforcement of two foreign arbitral awards rendered by an International Chamber of Commerce tribunal in the United Kingdom against the respondent, CGX Energy Inc. CGX Energy Inc. opposed enforcement, arguing procedural unfairness because it was allegedly denied the opportunity to fully present its case regarding its counterclaim.
The court found that CGX Energy Inc. failed to meet the narrow test for procedural unfairness required to refuse enforcement under the International Commercial Arbitration Act, 2017, and the UNCITRAL Model Law.
The court also applied issue estoppel, noting that the same procedural unfairness argument had already been dismissed by the UK High Court.
The application for recognition and enforcement was granted.