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General Court, Tehran, Chamber 27, 22 October 2008, Case No. 8609980228700327, Decision No. 8709970228700798
(Corporation X v. Not indicated)
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General Court, Tehran, Chamber 27, 22 October 2008, Case No. 8609980228700327, Decision No. 8709970228700798
(Corporation X v. Not indicated)
IRAN 2
The General Court denied the application to set aside an LCIA award, because, pursuant to the Iranian Civil Procedure Code and the New York Convention, the Iranian courts only have secondary jurisdiction over awards rendered in foreign jurisdictions, and can only (refuse to) enforce them.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.