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
    SEYCHELLES 5

    Court of Appeal, 21 October 2022, Civil Appeal SCA 28/2020

    (Vijay Construction (Proprietary) Limited v. Eastern European Engineering Limited)

    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
    SEYCHELLES 4

    Court of Appeals of Seychelles, 29 April 2022 (Appeal from MA 101/2019 - Arising in CC 02/2019)

    (Eastern European Engineering Ltd v. SJ (Seychelles) Ltd)

    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
    SEYCHELLES 2 October 2020 Vijay

    EEEL obtained an ICC award in Paris against Vijay Construction. It then sought to have the award enforced in Seychelles – unsuccessfully, as in 2017, the Seychelles Court of Appeal denied the application on the ground that Seychelles was not a party to the New York Convention (Seychelles no. 1). EEEL also obtained two enforcement orders on the award in the United Kingdom, and sought to enforce them in Seychelles. On 30 June 2020 INSERT LINK, the Supreme Court of Seychelles granted enforcement of the UK enforcement orders. By the present decision, the Court of Appeal denied the appeal filed by Vijay Construction against this decision. The Court examined, inter alia, the argument that it was not just and convenient for the Supreme Court to enforce the UK orders because enforcing them was tantamount to trying to enter through the back door after the Court of Appeal had closed the front door in 2017 when it held that the award was not enforceable in Seychelles. The Court of Appeal dismissed this argument, holding that there could be no res judicata, because, while the parties and the subject matter were the same, the cause of action was different: the enforcement of an award in 2017, and the enforcement of orders of a state court now. 

    Court of Appeal of Seychelles, 2 October 2020 (SCA28/2020) SCCA 2

    (Vijay Construction (Pty) Ltd v Eastern European Engineering Limited)

     

    515

    Award not binding, suspended or set aside: The court discusses the conditions under which an award that has merged into a court judgment in the country of origin can still be enforced as an award under the Convention, and whether a decision granting recognition under the Convention can be enforced as a foreign court judgment in a third country.

    Merger of award into judgment
    SEYCHELLES 3

    The Court analysed the procedure and requirements for the enforcement of foreign awards in Seychelles, and affirmed the recognition and enforcement of an ICC award rendered in Paris between two Seychellois companies.

    Supreme Court of the Seychelles, 30 June 2020, CS 23/2019
    (Eastern European Engineering Ltd v. Vijay Construction (Pty) Ltd)

    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
    500

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

    Grounds for refusal of enforcement in general
  • Excerpt Topics
    SEYCHELLES 2

    Seychelles No. 2, European Engineering Ltd v SJ (Seychelles)Ltd, Supreme Court of Seychelles, MA 101/2019 arising in CC 2/2019, 29 July 2019

    Supreme Court of Seychelles, 29 July 2019
    European Engineering Ltd v. SJ (Seychelles) Ltd

    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
  • Excerpt Topics
    SEYCHELLES 1

    Seychelles 1. Vijay Construction (Proprietary) Ltd v. Eastern European Engineering Ltd, Court of Appeal, Civil Appeal SCA 15 & 18/2017, 13 December 2017

    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