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).
For instructions on how to search for court decisions per topic and per country in this website, please refer to our helpful access guide here.
US 100. United States Court of Appeals, Ninth Circuit, 23 October 1989
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
The court discusses whether an “a-national” award falls under the Convention.
The court discusses the application of the Convention to awards rendered by permanent arbitral bodies (as opposed to ad hoc awards).
The court discusses whether awards rendered by the Iran-US Claims Tribunal fall 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 issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
France 10. Cour d'Appel, Paris, 20 December 1984
The court discusses whether an “a-national” award falls under the Convention.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
France 8. Cour d'Appel, Rouen, First and Second Civil Chambers, 13 November 1984
The court discusses the impact of the nationality of the parties on the application of the Convention.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses whether an “a-national” award falls under the Convention.
The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.
The court discusses the relationship between the New York Convention, the Geneva Protocol on Arbitration Clauses of 1923, and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.
US 54. United States Court of Appeals, Second Circuit, 17 June 1983
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
The court discusses whether an “a-national” award falls under the Convention.
The court discusses the applicable period of limitation for seeking enforcement of an award.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
Switzerland 7. Tribunal Fédéral, 26 February 1982
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses whether an “a-national” award falls under the Convention.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.
Italy 57. Corte di Cassazione, Plenary Session, 8 February 1982
The court discusses whether an “a-national” award falls under the Convention.
Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.
France 3. Cour d'Appel, Paris, First Chamber, 21 February 1980
The court discusses whether an “a-national” award falls under the Convention.
Netherlands 2D. Hoge Raad, 7 November 1975
The court discusses whether an “a-national” award falls under the Convention.
The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.
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.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
Netherlands 2B. Hoge Raad, 26 October 1973
The court discusses the impact of the nationality of the parties on the application of the Convention.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses whether an “a-national” award falls under the Convention.
Netherlands 2A. Court of Appeal, The Hague, 8 September 1972
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the impact of the nationality of the parties on the application of the Convention.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses whether an “a-national” award falls under the Convention.