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
    MALAYSIA 2024-2

    The Court of Appeal set aside the first instance order which had granted an application to register an English court judgment confirming a London award. It held that the appeal before it was essentially an opposition to an application to enforce the London award, and that matters of recognition and enforcement of foreign awards were governed by the Arbitration Act. To proceed solely under the Reciprocal Enforcement of Judgment Act 1958 (REJA), as the court below had done, “would fly in the face of the clear language” of the Arbitration Act. The Court then remanded the case to the High Court for a de novo examination of the objection of lack of arbitral jurisdiction based on the argument that there had been fraud in the formation of the contract.

    Court of Appeal, Putrajaya, 3 January 2024, Case No. W-02(IM)-66-01/2022

    (ING Bank N.V. and O.W. Bunker Far East (Singapore) Pte Ltd v. Tumpuan Megah Development Sdn Bhd)

    303

    The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

    Estoppel/waiver
    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
    MALAYSIA 2024-1

    The Court of Appeal confirmed the first instance decision that had denied the application to refer the dispute between the parties to arbitration. It explained that, while the courts should be cautious to interfere with the jurisdiction of the arbitral tribunal when assessing whether the arbitration agreement is High Court’s decision that had (i) refused to stay the proceedings and refer the parties to null and void, inoperative or incapable of being performed, when the existence of the arbitration agreement itself is in question, as was the case here, they should not refer the dispute to arbitration without evaluating the facts and evidence in a full meris review. In the present case, the lower court had held that there was insufficient evidence to conclude that there was a valid arbitration agreement between the parties.

    Court of Appeal (Putrajaya), 24 May 2023, Case Nos W-02(IM)(NCC)-2002-10 of 2021, W-02(IM)(NCC)-2003-10 of 2021, W-02(IM)(NCC)-2004-10 of 2021

    (Macsteel International Far East Limited v. Lysaght Corrugated Pipe Sdn Bhd and Lysaght Galvanized Steel Bhd)

    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

    "Null and void", etc.
  • Excerpt Topics
    MALAYSIA 8

    The Federal Court reversed the appellate decision, and confirmed the first instance holding of the High Court that only the dispositive part of a foreign (here, Singaporean) award was capable of being recognized and registered as a judgment of the High Court under Sect. 38 of the 2005 Malaysian Arbitration Act, which sets out the conditions to be complied with by the party seeking to have an award recognized as binding and enforced “by entry as a judgment in terms of the award”. The Court held that "award" meant in this context only the dispositive part – the dictum. 

    Federal Court, Putrajaya, 27 March 2020
    (Siemens Industry Software GmbH & Co KG (formerly known as Innotec 
GmbH) v. Jacob and Toralf Consulting Sdn Bhd (formerly known as 
Innotec Asia Pacific Sdn Bhd) 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
    MALAYSIA 7

    Malaysia 7. Arch Reinsurance Ltd v. Akay Holdings Sdn Bhd, Federal Court, Civil Appeal No. 02(F)-9-03 of 2016(W), 29 January 2018

    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

    Referral to arbitration in general
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
  • Excerpt Topics
    MALAYSIA 6

    Malaysia No. 6, CTI Group Inc v. International Bulk Carriers SPA, Federal Court, Civil Appeal No. 02(f)-61-09-2015(S), 10 August 2017

    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
    403

    The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

    Original or copy arbitration agreement
  • Excerpt Topics
    MALAYSIA 5

    Malaysia 5. High Court, Kuala Lumpur, 10 October 2011

    303

    The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

    Estoppel/waiver
    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
    503

    The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

    Burden of proof on respondent
    513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
    518

    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.

    Paragraph 2 - Distinction domestic-international public policy
    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
    MALAYSIA 4

    Malaysia 4. Federal Court of Malaysia, 3 November 2009

    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

    Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.

    Implementing legislation
    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
    403

    The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

    Original or copy arbitration agreement
    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
    MALAYSIA 3

    Malaysia 3. Court of Appeal, Putrajaya, 26 February 2009

    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

    Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
    403

    The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

    Original or copy arbitration agreement
    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
    MALAYSIA 2

    Malaysia 2. Court of Appeal, Putrajaya, 14 March 2006

    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

    Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
  • Excerpt Topics
    MALAYSIA 1

    Malaysia 1. High Court, Kuala Lumpur, 10 December 1993

    106

    The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

    Problems concerning the identity of a party
    212

    The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

    Agent/broker, etc.
    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
    401

    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.

    Conditions to be fulfilled by petitioner in general
    505 Incapacity of party
    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