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PHILIPPINES 9
Supreme Court of the Republic of the Philippines,
First Division, 5 December 2018
Mabuhay Holdings Corporation v. Sembcorp Logistics Limited
PHILIPPINES 9
Philippines No. 2020-1. Mabuhay Holdings Corporation (Philippines) v. Sembcorp Logistics Limited (Singapore), Supreme Court of the Republic of the Philippines, First Division, G.R. No. 212734, 5 December 2018
The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
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.