Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are in most cases published in the Yearbook Commercial Arbitration since its Volume I (1976). 

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The court decisions available on this website interpret and apply the New York Convention.

  1. Most decisions are reported in the Yearbook Commercial Arbitration, published by ICCA since 1976, and are numbered as in the Yearbook (e.g., US no. 954).

  2. Other decisions are indicated by country, date, and a short name (e.g., UK 18 June 2020 Alexander Brothers).

Court decisions can be searched by country and by topic.

Court Decisions

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  • Excerpt Topics
    ARGENTINA 9

    Corte Suprema de Justicia de la Nación, 5 August 2021

    (Milantic Trans S.A. v. Ministerio de la Producción (Astilleros Río Santiago))

    001

    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. 

    Interpretation of the Convention
    301

    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.

    Procedure for enforcement in general
    524

    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.

    Other cases
  • Excerpt Topics
    ARGENTINA 8

    Corte Suprema de Justicia de la Nación, 24 September 2019

    (Deutsche Rückversicherung AG v. Caja Nacional de Ahorro y
    Seguro, in liquidation, et al.)

    501

    The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

    Grounds are exhaustive
    502

    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.

    No re-examination of the merits of the arbitral award
    524

    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.

    Other cases
    702

    More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

    Domestic law on enforcement of foreign award
    914

    The court discusses this general reciprocity clause, which was inserted in the Convention to remedy the absence in the commercial reservation (Art. I(3)) of a federal-state clause allowing Contracting States not to apply the Convention to awards made in a constituent state or province of a Contracting State which was not bound to apply the Convention.

    General reciprocity clause
  • Excerpt Topics
    ARGENTINA 7

    Suprema Corte de Justicia, Province of Buenos Aires, 30 March 2016, A-69572

    (Milantic Trans S.A. v. Ministerio de la Producción de la Provincia de
    Buenos Aires, (Astilleros Río Santiago et al.)

    524

    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.

    Other cases
  • Excerpt Topics
    ARGENTINA 5

    Corte Suprema de Justicia, 24 May 2011

    (Armada Holland BV v. Inter Fruit S.A.)

    502

    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.

    No re-examination of the merits of the arbitral award
    ARGENTINA 4

    . Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, Chamber IV, 1 March 2011

    (Smit International SA v. Puerto Mariel SA)

    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

    Arbitrator's competence and separability of the arbitration clause
  • Excerpt Topics
    ARGENTINA 6 B

    Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, Second Chamber, 1 July 2010

    (Deutsche Ruckversicherung AG v. Caja Nacional de Ahorro y Seguro en Liquidación et al.)

    301

    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.

    Procedure for enforcement in general
  • Excerpt Topics
    ARGENTINA 3

    Cámara Federal de Apelaciones, City of Mar del Plata, 4 December 2009

    (Far Eastern Shipping Company v. Arhenpez S.A.)

    301

    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.

    Procedure for enforcement in general
    404

    The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

    Authentication and certification
    406

    The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

    Translation (paragraph 2)
    514 Ground e: Award not binding, suspended or set aside - "Binding"
  • Excerpt Topics
    ARGENTINA 2

    Cámara de Apelación en lo Contencioso Administrativo, La Plata, 30 August

    2007

    (Milantic Trans. S.A. v. Ministerio de Producción de la Provincia de Buenos Aires and Astillero Río Santiago)

    107

    The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

    Second reservation ("commercial reservation") (paragraph 3)
    ARGENTINA 1

    Cámara Nacional de Apelaciones en lo Civil y Commercial Federal, Chamber II, 8 May 2007

    (Armada Holland BV v. Inter Fruit SA)

    507

    Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

    Miscellaneous cases regarding the arbitration agreement
  • Excerpt Topics
    ARGENTINA 6 A

    Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, Second Chamber, 11 February 2010 

    (Deutsche Ruckversicherung AG v. Caja Nacional de Ahorro y Seguro en Liquidación et al.)

    301

    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.

    Procedure for enforcement in general