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COSTA RICA 2026-1
Corte Suprema de Justicia , First Chamber, 19 December 2019, Case No. 16-000152-0004-AR, Decision No. 04655 - 2019
(Del Monte Internacional GmbH v. Inversiones y Procesadora Tropical Sociedad Anónima ... Read more
Corte Suprema de Justicia , First Chamber, 19 December 2019, Case No. 16-000152-0004-AR, Decision No. 04655 - 2019
(Del Monte Internacional GmbH v. Inversiones y Procesadora Tropical Sociedad Anónima (INPROTSA))
COSTA RICA 2026-1
The Supreme Court of Justice granted recognition of an award rendered in the United States, finding, inter alia, that the respondent did not prove that exequatur would violate the public policy of Costa Rica because the destruction of pineapple plantations the tribunal ordered would have a negative impact on the public function of agricultural property.
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.
The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
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.
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 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.