Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are published in the Yearbook Commercial Arbitration since its Volume I (1976). 

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Court Decisions

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  • 2014 Anguilla
    Excerpt Topics
    ANGUILLA 1

    The Court denied enforcement of an award rendered in an arbitration with seat in the United States Virgin Islands (USVI). Enforcement could not be sought under Sect. 66 of the UK Arbitration Act 1996 – which is imported into Anguilla by Anguilla’s Arbitration Act – because Sect. 66 concerns domestic awards rendered under UK law and therefore similarly applies to the enforcement of Anguillan domestic awards only. Here, the award undisputedly fell under the 1958 New York Convention, having been rendered in the USVI, a Convention state, and could thus be enforced under Sect. 101 of the UK Act. However, this provision is not imported into Anguilla by virtue of Anguilla’s Act, because Anguilla is not a Convention state and the Anguilla Act expressly provides that the provisions of the UK Act are imported only so far as applicable.

     

    High Court of Justice, Eastern Caribbean Supreme Court, Anguilla Circuit, 4 June 2014

    (Richard Vento v. Keithley Lake et al.)

    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

    Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)