In Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2008] EWHC 1901 (Comm), Aikens J set aside an order giving leave to enforce an ICC award, holding that the arbitration agreement was not "valid" for the purposes of section 103 of the Arbitration Act 1996.

The case is a relatively uncommon example of a refusal by the court to enforce a New York Convention award, and is particularly notable because the judge reached a different conclusion to the arbitral tribunal on the issue of whether the award debtor was a party to the arbitration agreement. The judgment of Aikens J contains helpful analysis of the scope and meaning of section 103, and the nature of the hearing when an application is made under that section.