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
    MOZAMBIQUE 3

    The Court granted recognition and enforcement of an award rendered in England in accordance with the rules of the International Cotton Association Limited (ICA). It found that the requirements of the New York Convention were met, as were the requirements of Mozambique law: there was no doubt as to the authenticity of the award; the award was final; there was no pending action on the same subject matter in Mozambique; the award had been rendered by a tribunal having jurisdiction under the Mozambique rules of conflict of laws, as the arbitration agreement was in writing and did not concern rights of which the parties could not freely dispose (direitos indisponíveis); and there was no violation of public policy.

    Tribunal Supremo, Civil Section, 31 October 2019, Case no. 08/2018

    (RCMA Asia (Pte), Ltd v. Mocotex, SA)

     

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
    MOZAMBIQUE 2

    The Court granted recognition and enforcement of an English award of the International Cotton Association Limited (ICA), finding that the requirements of the New York Convention were met, as were the requirements of Mozambique law: there was no doubt as to the authenticity of the award; the award was final; there was no pending action on the same subject matter in Mozambique; the award had been rendered by a tribunal having jurisdiction under the Mozambique rules of conflict of laws; and there was no violation of public policy. 

    Tribunal Supremo, Civil Section, 26 September 2019, Case no. 32/2018

    (Branson Commodities (PTY), Ltd v. Mocotex, SA)

    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

    Grounds for refusal of enforcement in general
  • Excerpt Topics
    MONZAMBIQUE 1

    Mozambique 1. Fobinter, S.A. v. Cogropa, E.E., Supreme Court of Mozambique, 27 February 2014

    508 Ground b: Violation of due process in general