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ARGENTINA 9
Corte Suprema de Justicia de la Nación, 5 August 2021
(Milantic Trans S.A. v. Ministerio de la Producción (Astilleros Río Santiago))
ARGENTINA 9
In a landmark decision, the Supreme Court of Justice set aside the decision of the Suprema Corte de Justicia of the Province of Buenos Aires (ARGENTINA 7), because it held that Art. V(2) of the New York Convention does not grant the appellate court of exequatur the power to reintroduce on appeal a public policy objection that was denied in a final manner in the first instance.
The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006.
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.
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.