ARBITR.LAW
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Supreme Court · 305-ES17-993

Supreme Court: the agreement must be proved

Proof of consent in enforcement of foreign ad hoc awards.

Facts

A foreign insurer sought enforcement of ad hoc awards. The Russian party denied concluding the arbitration agreements.

Holding

Original agreements or properly certified copies were missing. The Supreme Court quashed the court orders and remitted the case for examination of consent and other relevant matters.

Connection

The written agreement connects the start of arbitration with later enforcement. Remittal left the ultimate enforcement outcome open.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.