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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Uzbekistan No. 1, Alliance Capital K/S v. Corsan Corviam Construccion S.A., Commercial Court, City of Tashkent, Case No. 4-11-1912/222, 7 June 2019
Commercial Court, City of Tashkent, 7 June 2019
Alliance Capital K/S Company v. Corsan Corviam Construccion S.A.
The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.