The Supreme Court reversed the decision of the court of appeal (Argentina 1), finding that that court erroneously reviewed an issue – the existence of a charterparty containing an arbitration clause – that had been definitely ruled upon by the arbitrator. Under the 1958 New York Convention, enforcement courts should only verify that the conditions for seeking enforcement set out in Art. IV are met. (See also ARGENTINA 1).
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502
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
No re-examination of the merits of the arbitral award