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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  • 2019 Tanzania, United Republic of
    Excerpt Topics
    TANZANIA 2

    Tanzania No. 2, Travelport International Limited v. Precise Systems Limited, High Court of Tanzania, Miscellaneous Commercial Application No. 359 of 2011, 12 April 2019

    High Court of Tanzania, Commercial Division, 
Dar es Salaam, 12 April 2019
    Travelport International Limited v. Precise Systems Limited

    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
    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
    TANZANIA 1

    Tanzania No. 1, A-One Products and Bottlers Limited v. Guanzou Techlong Packaging Machinery Company Limited, et al., High Court of Tanzania, Miscellaneous Commercial Cause No. 410 of 2017, 1 February 2019

    High Court of Tanzania (Commercial Division), 
Dar Es Salaam, 1 February 2019
    A-One Products and Bottlers Limited v. Guanzou Techlong Packaging 
Machinery Company Limited et al.

    514 Ground e: Award not binding, suspended or set aside - "Binding"