Tribunal Superior de Justicia de Catalunya, 10 March 2021
(Obras Portuaris de Coatzacoalcos, S.A. de C.V. and Matrix Concesiones, S.A. de C.V. v. FCC Construcción, SA)
The Court of Appeal granted enforcement of an ICC award rendered in Panama in a dispute between shareholders, dismissing several objections based on Art. V(1)(c) of the New York Convention and the fact that one of the defendants was not a signatory to the contract containing the arbitration clause – but was found to be bound by it by the arbitral tribunal. As a consequence, the contention that the enforcement of the award violated public policy – in its meaning of the fundamental rights of the Spanish legal system – also failed. The Court further found that the tribunal had not decided on non-arbitrable issues, and that it was irrelevant that an annulment action was still pending against the award in Panama, because the Convention required an award to be binding, rather than final.