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- LITHUANIA 26 October 2023
LITHUANIA 26 October 2023
Lietuvos Apeliacinis Teismas, 26 October 2023
(Parties not indicated)
LITHUANIA 26 October 2023
In a decision on an application to stay enforcement proceedings pending an annulment action against the award at the seat, the Court of Appeal stated that annulment proceedings at the seat do not imply necessarily that the enforcement court must stay enforcement, since an arbitral award can be still be recognized and enforced even if it has been annulled in the country of origin.
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.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.