Defense against Law

  Order Description     QUESTION. Max, an English businessman, entered into a contract with Singh, an Indian businessman, to smuggle Indian antiques out of India without getting the necessary permission from the relevant government department. The contract provided for an arbitration clause to resolve disputes in France. The contract named the arbitrator who was to be appointed in case of a dispute. A dispute arose as Max failed to make some of the payments promised to Singh and Singh instituted arbitral proceedings in France. Singh failed to disclose some of the payments made to him by Max. Furthermore, Max was not served with sufficient notice of the arbitral proceedings in France and was unable to present his arguments to the arbitrator. The arbitrator, who made a mistake of fact, made an award in favour of Singh who has taken steps to enforce the arbitral award in England against Max. The time for taking an appeal to the arbitral appeal tribunal has not yet lapsed. When Max is notified of the enforcement proceedings against him in England, he takes steps to appeal to the arbitral appeal tribunal in France. Advise Max as to the defences he could raise against the enforcement of the French arbitral award in England.