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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2017Da238837 Decided December 22, 2017【Decision on Enforcement】* First draft [full Text]
Summary
Legislative purport of Article 5(1)(d) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Whether the degree of violation of a party’s procedural right due to an arbitral procedure needs to be obvious and intolerable to constitute the grounds for refusal of the recognition and enforcement of arbitral awards as stipulated under the aforementioned Convention (affirmative)
In a case where a party participated in an arbitral procedure without making any timely objection to a defect in the procedure that serves to protect the party’s rights and interests, whether the party may contest during the procedure for recognition and enforcement of arbitral rewards (negative)
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