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

  • 2016 Denmark
    Excerpt Topics
    DENMARK 19 January 2016 Bidsted

    The Eastern High Court granted recognition and enforcement of two awards – one on jurisdiction and one on the merits – rendered by a sole arbitrator of the London Maritime Arbitrators’ Association. Spinnaker argued that exequatur would violate public policy, because the arbitrator had incorrectly applied the law and assessed evidence to hold that an arbitration agreement existed between the parties. The Court pointed out that it could not carry out a review of the award, and held that the alleged violation did not meet the standard of Sect. 39(1)(2)(b) of the Danish Arbitration Act, which mirrors Art. V(2)(b) of the New York Convention, since the arbitrator’s decision was not so materially erroneous as to be manifestly incompatible with Danish public policy.

    Østre Landsret, Copenhagen, 19 January 2016

    (Bidsted & Co. A/S v. Spinnaker Global Ltd)

     

    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
    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