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Sarvōcca Adālata Nēpāl, Division Bench, 26 December 2017, Decision no. 067-WO-0419
(Hanil Engineering & Construction Co. Ltd v. Patan Appellate Court and Koneco Pvt. ... Read more
Sarvōcca Adālata Nēpāl, Division Bench, 26 December 2017, Decision no. 067-WO-0419
(Hanil Engineering & Construction Co. Ltd v. Patan Appellate Court and Koneco Pvt. Ltd)
NEPAL 1
The Supreme Court of Nepal denied recognition of a Korean award, finding that the procedure for the appointment of the arbitral tribunal and the arbitral procedure had not been in accordance with the agreement of the parties or the applicable law. Further, the defendant had not been properly informed of the arbitration, and the required pre-arbitration attempt to settle the dispute amicably had not been made.
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 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 overall scheme and/or pro-enforcement bias of the Convention.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.