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COSTA RICA 19 December 2019 Del Monte
Corte Suprema de Justicia, First Chamber, 19 December 2019, No. 04655 - 2019
(Del Monte Internacional GmbH v. Inversiones y Procesadora Tropical ... Read more
Corte Suprema de Justicia, First Chamber, 19 December 2019, No. 04655 - 2019
(Del Monte Internacional GmbH v. Inversiones y Procesadora Tropical Sociedad Anónima (INPROTSA))
COSTA RICA 19 December 2019 Del Monte
The Supreme Court of Justice granted recognition of an ICC award rendered in the United States, denying all the defenses raised by the defendant. In particular, the Court found that there had been no violation of due process in the arbitration: the defendant’s claim that the arbitral tribunal incorrectly evaluated evidence concerned the merits of the award and did not constitute a violation of the defendant’s right to present its case. Based on its examination of the dispute and the award, the Supreme Court also dismissed the argument that the arbitrators had decided extra petita. Finally, the Court rejected the public policy arguments raised by the defendant, holding, among others, that it did not appear that the arbitrators had awarded punitive damages, which are prohibited in Costa Rica.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
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.
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.