The Supreme Court held that the transfer agreement was an agreement made between Fellowes and the KFG companies, and yet (although Kyrgyzstan is a party to the New York Convention) held that Fellowes was not bound by the arbitration clause contained in article 17 as it “did not sign the agreement”, and that the 8 arbitration clause was unenforceable as it did not denominate the arbitral tribunal, when in fact the clause clearly provided that the tribunal was to be appointed by the LCIA. The April 2.006 judgment was given after the court refused the KFG companies’ application for time to prepare a response to expert evidence, and made an award of damages for which, arguably, there was no evidence and which the KFG companies had no opportunity to C challenge