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| TITLE | [Affirmation of Reorganization Claim]Supreme Court Decision 2006Da20290 Decided May 28, 2009 [full Text] |
|---|---|
| Summary | |
| [1] When the corporation reorganization procedure relating to one party of a foreign arbitral award is commenced after the foreign arbitral award and a lawsuit is instituted for the affirmation of reorganization claim which was reported based on such foreign arbitral award, whether the competent court of such lawsuit shall make a judgment according to the disposition of foreign arbitral award (affirmative in principle) [2] The meaning of ""where the recognition or enforcement of the award would be contrary to public policy of that country,"" which is a ground to refuse recognition and enforcement of foreign arbitral awards as provided in Article 5 (2) (b) of ""the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,"" and the method of determining it [3] The case where a court of execution country can refuse the enforcement of such foreign arbitral award on the ground that a foreign arbitral award to which ""the Convention on the Recognition and Enforcement of Foreign Arbitral Awards"" applies is obtained by deceptive means [4] The measures available to a party to take who argues that a foreign arbitral award to which ""the Convention on the Recognition and Enforcement of Foreign Arbitral Awards"" applies is obtained by deceptive means | |
