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). 

Search options:

Court Decisions Search Engine

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

Search Court Decisions

  • Excerpt Topics
    CZECH REPUBLIC 8

    The Supreme Court of the Czech Republic rendered another favourable decision to arbitration, agreeing with the first instance and the appellate courts that an action should be stayed in light of the existence of an arbitration agreement between the parties, finding that such an agreement could validly be made through the exchange of emails even in the absence of a qualified electronic signature.

    Supreme Court of the Czech Republic, 16 May 2019, NS 23 Cdo 3439/2018
    (Zeveta Bojkovice a.s. v. Fagor Arrasate S. Coop.)

    207

    The court discusses what more recent means of communication are also covered by the “exchange of letters or telegrams” alternative: telefax, email, e-commerce, etc.

    Means of communication for achieving the exchange in writing
  • Excerpt Topics
    CZECH REPUBLIC 6

    Czech Republic 6. Supreme Administrative Court of the Czech Republic, 31 May 2011

    508 Ground b: Violation of due process in general
  • Excerpt Topics
    CZECH REPUBLIC 5

    Czech Republic 5. Constitutional Court of the Czech Republic, 10 May 2010

    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
  • Excerpt Topics
    CZECH REPUBLIC 4

    Czech Republic 4. Constitutional Court of the Czech Republic, 17 January 2006

    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
    CZECH REPUBLIC 3

    Czech Republic 3. Supreme Administrative Court of the Czech Republic, 28 January 2004

    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
    CZECH REPUBLIC 2

    Czech Republic 2. Supreme Administrative Court of the Czech Republic, 29 March 2001

    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
    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
    CZECH REPUBLIC 1

    Czech Republic 1. Supreme Administrative Court of the Czech Republic, 26 March 2001

    512 Ground c: Excess by arbitrator of his authority - Excess of authority
  • Excerpt Topics
    Czech Republic 2022-A

    Supreme Court of the Czech Republic, 18 October 2016, NS 20 Cdo 4663/2015
    (Czech Republic, Ministry of Finance v. P.T.)
    The Supreme Court of the Czech Republic on 18 October 2016. The first instance and appellate courts had granted recognition of an award on costs and a supplementary award rendered in Germany. The Supreme Court affirmed this conclusion. It explained that the New York Convention applied, and found that under the Convention, it was for the defendant to prove a ground for refusing recognition and enforcement. Here, the defendant did not substantiate its claim that the arbitral tribunal lacked jurisdiction, whereas the applicant showed that the jurisdiction of the arbitral tribunal had been based on the 1990 BIT between the Czech and Slovak Federal Republic and Switzerland. As to the ground of violation of public policy, which must be examined by the recognition court ex officio, the Court held that it need not discuss it, because this argument had been thoroughly examined and denied by the appellate court.

    503

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

    Burden of proof on respondent
    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