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
    ALBANIA 8

    Gjykata e Apelit, Tirana, 28 February 2017, Registry No. 33, Decision No. 43 

    (Hobas Rohre GmbH v. C&S C onstruction Energy Ltd.)

    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)
    500

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

     Grounds for refusal of enforcement in general
  • Excerpt Topics
    ALBANIA 7

    Gjykata e Apelit, Tirana, 24 November 2016

    (A/S Global Risk Management Ltd. v. Trading Petrol & Drilling JSC)

    500

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

     Grounds for refusal of enforcement in general
    ALBANIA 6

    . Gjykata e Lartë e Republikës së Shqipërisë, 1 June 2016

    (“2T” Sh.p.k. v. “Iren Acqua e Gas” (IAG), Albanian Branch)

    214 Agreement providing for arbitration in another State
    215 Agreement providing for arbitration within forum's State
    216 No place of arbitration designated
    704

    More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.

    European Convention of 1961
  • Excerpt Topics
    ALBANIA 5

    Gjykata e Lartë e Republikës së Shqipërisë, Civil Panel, 3 June 2015

    (“Ital Trade” Ltd. v. “Trapani Charter” Ltd)

    214 Agreement providing for arbitration in another State
    215 Agreement providing for arbitration within forum's State
    216 No place of arbitration designated
    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
  • Excerpt Topics
    ALBANIA 4

    Gjykata e Lartë e Republikës së Shqipërisë, Civil Panel, 8 January 2013 (“C.A.E.” Ltd. v. “Energji” Ltd.)

    214 Agreement providing for arbitration in another State
    215 Agreement providing for arbitration within forum's State
    216 No place of arbitration designated
    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
    ALBANIA 3

    Gjykata e Lartë e Republikës së Shqipërisë, Joint Panels, 1 June 2011

    (“I.C.M.A.” s.r.l. et al. v. Ministry of Agriculture and Food of the Republic of Albania)

    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
    500

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

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

    Gjykata e Apelit, Tirana, 31 March 2009

    (Turkish Limited Liability Company v. General Road Directorate, Ministry of Public Works, Transport and Telecommunications of the Republic of Albania)

    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
    500

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

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

    Gjykata e Apelit, Tirana, 8 November 2007

    (Italian Joint-stock company, et al. v. Republic of Albania)

    110

    The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.

     Arbitral award: types
    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
    500

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

     Grounds for refusal of enforcement in general