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TITLE | Supreme Court Order 2024Ma5904 Dated June 27, 2024 ¡¼Permission for Recognition and Enforcement of Arbitral Awards¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Meaning of the ¡°place of arbitration¡± Whether the ¡°place of arbitration,¡± the ¡°location of arbitration,¡± and the ¡°seat of the arbitral institution¡± should be the same (negative) Where the parties came to an arrangement designating a specific place as the place for settlement of disputes in an arbitration agreement, whether the place of arbitration may be seen to have been decided by agreement (affirmative in principle) [2] Whether an infringement upon the procedural rights of the parties is noticeable in the arbitral proceedings and thus should reach an unacceptable extent to correspond to the grounds to refuse the recognition and enforcement of the arbitral awards as referred to in Articles 36(2)1(d) and 38 Subparag. 1 Item (a) of the Arbitration Act and Article 5(1) Item (d) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (affirmative) |