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
    UNITED STATES 888
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
  • Excerpt Topics
    UNITED STATES 822 B

    United States Court of Appeals, Eleventh Circuit, 5 August 2015

    (Emmanuel Navarette v. Silversea Cruises Ltd et al.)

    205

    The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

    Signatures
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
  • Excerpt Topics
    UNITED STATES 822 A

    United States District Court, Southern District of Florida, 24 June 2014 

    (Emmanuel Navarette v. Silversea Cruises Ltd et al.)

    205

    The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

    Signatures
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
  • Excerpt Topics
    UNITED STATES 702
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    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
    UNITED STATES 258
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    205

    The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

    Signatures
    206

    The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.

    Exchange of letters or telegrams
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    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
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 248
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    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
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    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
    UNITED STATES 217
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
  • Excerpt Topics
    UNITED STATES 199
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    212

    The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

    Agent/broker, etc.
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    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
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
  • Excerpt Topics
    SWITZERLAND 29
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    203-204 Formal validity, uniform law and municipal law
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    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)
    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
    506

    Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

     Law applicable to the arbitration agreement
    704(C) Art. VII(1): European Union (Treaties and Legislation)
  • Excerpt Topics
    BELGIUM 9
    106

    The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

     Problems concerning the identity of a party
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    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)
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

    Ground a: Arbitrability
  • Excerpt Topics
    SPAIN 30
    202

    The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.

     Contents of arbitration agreement
    203-204 Formal validity, uniform law and municipal law
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    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
    ITALY 126
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

     Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    503

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

     Burden of proof on respondent
    514 Ground e: Award not binding, suspended or set aside - "Binding"
  • Excerpt Topics
    UNITED STATES 62
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    214-216 Field of application
    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
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

    Ground a: Arbitrability
  • Excerpt Topics
    JAPAN 2
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    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
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    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
    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)
  • Excerpt Topics
    UNITED STATES 26
    107

    The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

     Second reservation ("commercial reservation") (paragraph 3)
    213

    The court discusses the status of an arbitration agreement in a contract that was amended or renewed.

     Amendment or renewal
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    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)
    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