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ALBANIA 2
Gjykata e Apelit, Tirana, 31 March 2009
(Turkish Limited Liability Company v. General Road Directorate, Ministry of Public Works, Transport and Telecommunications of the Republic of Albania)
ALBANIA 2
The Court granted enforcement of an ICC award rendered in France, finding that the claimant supplied the necessary documents, the arbitral tribunal had jurisdiction and there had been no violation of procedural rules or due process in the arbitration.
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.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.