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ALBANIA 8
Gjykata e Apelit, Tirana, 28 February 2017, Registry No. 33, Decision No. 43
(Hobas Rohre GmbH v. C&S C onstruction Energy Ltd.)
ALBANIA 8
The Court of Appeals granted recognition and enforcement of an ICC award rendered in Switzerland. The claimant met the requirements of Art. IV of the 1958 New York Convention by supplying a copy of the award certified by an Albanian notary public, together with an Albanian translation from the original English made by a certified translator. There were no grounds for refusal under Albanian law; no grounds for refusal under Art. V(1) of the Convention were either claimed or proved, and no grounds under Art. V(2) appeared to exist.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.