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- SPAIN 22 March 2021 Megatex
SPAIN 22 March 2021 Megatex
Tribunal Superior de Justicia de Catalunya, 22 March 2021
(Megatex Industrial, LLC and Megatex, LLC v. Ciclauto Automoción, S.L.)
SPAIN 22 March 2021 Megatex
The Court of Appeal granted enforcement of an award rendered under the auspices of the ICAC Ukraine. The Court described the system of enforcement under the New York Convention, stressing that enforcement could only be denied on exhaustively listed grounds, and that there could be no review of the merits, and denied the contention of the defendant that it had not been notified of the arbitration, noting that it appeared from the record that the arbitral tribunal had sent several notifications to the defendant, which had chosen not to participate in the proceedings.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.