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IRAN 6
Civil Court, Sadr judicial complex, Tehran, Chamber 36, 16 January 2019, Decision No: 9709972160101240
(Bazargani Petroshimi Corporation v. Bazargani Karavaran ... Read more
Civil Court, Sadr judicial complex, Tehran, Chamber 36, 16 January 2019, Decision No: 9709972160101240
(Bazargani Petroshimi Corporation v. Bazargani Karavaran Corporation)
IRAN 6
Granting enforcement of a French award, the Court refused however to enforce the arbitral tribunal’s order that the Iranian defendant pay interest, explaining that the granting of interest against an Iranian party was a violation of the Constitution and the laws of Iran, and was therefore contrary to Iranian public policy.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
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 the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
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.