The US Court of Appeals upheld the decision to refuse the enforcement of an award having previously been set aside by the Common Court of Justice and Arbitration of the Organization for the Harmonization of Business Law in Africa (“CCJA”).
The CCJA annulled the award due to the breach of arbitrators’ duty by deliberately ignoring the mandatory provisions governing fees. Getma pursued relief in the United States. The District Court for the District of Columbia refused the enforcement. The Court of Appeals upheld that decision recalling that the enforcement of annulled awards was only possible if the annulment was “repugnant to fundamental notions of what is decent and just” in the United States.