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SPAIN 106
Tribunal Superior de Justicia de Madrid, 21 September 2021
(Qatar Foundation for Education, Science and Community Development v. Obrascón Huarte Lain, SA et al.)
SPAIN 106
The Court gave an overview of the system of enforcement under the New York Convention and denied the argument of the defendant that the exequatur of a partial ICC award on the costs of the arbitration and the legal costs would constitute unjust enrichment for the applicant and would lead to a violation of public policy.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.
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.