In R v V [2008] EWHC 1531 (Comm), David Steel J dismissed an application challenging an award under section 68 of the Arbitration Act 1996, alternatively challenging enforcement of the award under section 81 of the Act. The claimant argued that the effect of the award was to enforce a contract for the sale of personal influence, which was contrary to English public policy.

Dismissing the application, David Steel J held that this argument was not open to the claimants, as it involved reopening the tribunal's express findings that the contract in question was not one for the sale of personal influence, and was not contrary to English public policy. Even had that argument been open to the claimants, he would have rejected it on the facts and as a matter of law.

The judgment contains a helpful summary of the principles which apply when issues of public policy are raised in connection with an award. It also contains discussion of the difficult issue of whether there are any circumstances in which a court may go behind the tribunal's award.