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
    DOMINICAN REPUBLIC 2019-3

    Dominican Republic No. 2019-3. Industrias Zanzíbar, S.A. v. Seguros Universal, S.A. et al., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1045, Case No. 2012-5569, 9 December 2015

    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
    DOMINICAN REPUBLIC 4

    Dominican Republic 4. Industrias Zanzíbar, S.A. v. Seguros Universal, S.A. et al., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1045, Case No. 2012-5569, 9 December 2015

    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
  • Excerpt Topics
    DOMINICAN REPUBLIC 2019-2

    Dominican Republic No. 2019-2. Industria Zanzíbar, S.A. v. Owens-Brockway Glass Container, Inc., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1272, Case No. 2011-3485, 13 November 2013

    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
    DOMINICAN REPUBLIC 3

    Dominican Republic 3. Industria Zanzíbar, S.A. v. Owens-Brockway Glass Container, Inc., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1272, Case No. 2011-3485, 13 November 2013

    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
    DOMINICAN REPUBLIC 2019-1

    Dominican Republic No. 2019-1. OI Puerto Rico, STS, Inc. et al. v. Industrias Zanzíbar, S.A. et al., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1177, Case No. 2009-3041, 18 September 2013

    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
    DOMINICAN REPUBLIC 2

    Dominican Republic 2. OI Puerto Rico, STS, Inc. et al. v. Industrias Zanzíbar, S.A. et al., Suprema Corte de Justicia [Supreme Court of Justice], Civil and Commercial Chamber, Decision No. 1177, Case No. 2009-3041, 18 September 2013

    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
    DOMINICAN REPUBLIC 1

    Dominican Republic 1. Comercial Paraíso Tropical, SA et al. v Carlos Sánchez Hernández et al., Suprema Corte de Justicia, 30 January 2013

    221

    The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

    Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

    Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)