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IRAN 7
General Civil Court, Judicial Complex of Beheshti, Chamber 14, (day and month not indicated) 2023, Case No. 9909980227400558
(Pars Pamchal Chemical Co. v. Transocean Marine Paint ... Read more
General Civil Court, Judicial Complex of Beheshti, Chamber 14, (day and month not indicated) 2023, Case No. 9909980227400558
(Pars Pamchal Chemical Co. v. Transocean Marine Paint Association)
IRAN 7
The General Civil Court dismissed the application to set aside an NAI award, explaining that under the New York Convention annulment must be sought in the country where the award was rendered, here, the Netherlands.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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.