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| TITLE | Supreme Court Decision 2017Da238837 Decided December 22, 2017¡¼Decision on Enforcement¡½ [full Text] |
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| Summary | |
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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 must be obvious and intolerable to constitute grounds for refusal of 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 raising 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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