BELIZE 2 A

Court of Appeal of Belize, 8 August 2012

(The Attorney General of Belize v. BCB Holdings Limited, et al.)

08 - 08 - 2012

BELIZE 2 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction Belize
Summary

See also Caribbean Court of Justice, 26 July 2013 (The Attorney General of Belize v. BCB Holdings Limited, et al.) BELIZE 2 B

Related topics
001

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. 

Interpretation of the Convention
113

The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.

Implementing legislation
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
500A Residual power to enforce notwithstanding existence of ground for refusal
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
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

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.

Other cases
BELIZE 2 A