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MOZAMBIQUE 3
Tribunal Supremo, Civil Section, 31 October 2019, Case no. 08/2018
(RCMA Asia (Pte), Ltd v. Mocotex, SA)
MOZAMBIQUE 3
The Court granted recognition and enforcement of an award rendered in England in accordance with the rules of the International Cotton Association Limited (ICA). It found that the requirements of the New York Convention were met, as were the requirements of Mozambique law: there was no doubt as to the authenticity of the award; the award was final; there was no pending action on the same subject matter in Mozambique; the award had been rendered by a tribunal having jurisdiction under the Mozambique rules of conflict of laws, as the arbitration agreement was in writing and did not concern rights of which the parties could not freely dispose (direitos indisponíveis); and there was no violation of public policy.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.