In an article for LexisNexis, Wilson Leung discusses Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm) (a case in which Wilson acted as counsel, led by Philip Marshall KC). Bright J’s judgment is a notable decision regarding the public policy exception to enforcement of a New York Convention award, and in particular, the question of whether the English court can apply the public policy exception on the basis of UK consumer protection legislation. The defendant argued that enforcement in England should be refused because the underlying contract had been unfair under the Consumer Rights Act 2015 (CRA 2015). Bright J confirmed that CRA 2015 was an expression of UK public policy for the purpose of the public policy exception to enforcement of a New York Convention award. However, he ruled that CRA 2015 was inapplicable on the facts because the contract contained a foreign choice-of-law clause and did not have a sufficiently close connection with the UK.

This article can be read here (paywalled):