ALBANIA 1

Gjykata e Apelit, Tirana, 8 November 2007

(Italian Joint-stock company, et al. v. Republic of Albania)

08 - 11 - 2007

ALBANIA 1

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVI (2011)

Jurisdiction Albania

Original full text Full text decision ALBANIA 1

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Summary

The Court granted enforcement of an ICC award recording a settlement agreement, finding that the claimant supplied the necessary documents, the sole arbitrator had jurisdiction and there had been no violation of procedural rules or due process in the arbitration.

Related topics

110

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.

Arbitral award: types

401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general

500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general

ALBANIA 1