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SPAIN 2026-6
Tribunal Superior de Justicia de Cataluña, Barcelona, Civil and Penal Chamber, First Section, 2 October 2025, Case No. 1216/2025, Decision No. 76/2025
(Beehive Limited Liability Company v. Ebrexim, ... Read more
Tribunal Superior de Justicia de Cataluña, Barcelona, Civil and Penal Chamber, First Section, 2 October 2025, Case No. 1216/2025, Decision No. 76/2025
(Beehive Limited Liability Company v. Ebrexim, S.L.)
SPAIN 2026-6
The Superior Court granted recognition of an award rendered in Ukraine, finding that all the conditions for seeking recognition were met, and that there were no grounds for refusal under the New York Convention.
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 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.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
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 cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.