VJ Home: Archive: Abstract Case Note (2000) 4 VJ 1, 80-88 Public Policy and Illegality: The Westacre Legacy Daniel Meltz* A number of recent cases in England have considered the scope and content of public policy where the enforcement of an arbitral award has been opposed on the grounds of illegality of the underlying contract. This case note examines the decision in Westacre v Jugoimport, together with other recent decisions on this point. The elements common to each of these cases and the differing approaches of the courts to apparently similar facts are analysed. The difficulties of reconciling these decisions, and the courts' various opinions as to when it is appropriate to re-examine the underlying transaction, are also considered. The significance of the characterisation of the activity in question is used to illustrate the difficulty of balancing the preservation of the finality of awards against applying any doctrine of public policy. * Solicitor, International Commercial Arbitration Group, Clifford Chance, London.