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Corte Suprema de Justicia, 28 January 2021, No. 00160 - 2021

(Hidroeléctrica San Lorenzo S.A. v. Saret de Costa Rica S.A.

28 - 01 - 2021

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction Costa Rica
Summary

An ICC arbitral tribunal in Panama City had heard a dispute concerning alleged breaches of a contract for the construction and exploitation of a hydroelectric plant. By a partial award, the tribunal had first found that it had jurisdiction over Saret de Costa Rica, a nonsignatory to the contract, because all the conditions for extending the arbitration agreement to a nonsignatory were complied with in this case. By a final award, the tribunal had then found in favour of Hidroeléctrica San Lorenzo, granting damages and interest. The Costa Rican Supreme Court granted recognition and enforcement of the Panama award, reasoning inter alia that the contention that Saret de Costa Rica was not a party to the arbitration clause and had never consented to it had been already examined and decided by the arbitrators and could not be revisited. 

Related topics
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
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