EXAMINE ESTE RELATóRIO SOBRE AAPI MEGA CONVENTION

Examine Este Relatório sobre aapi mega convention

Examine Este Relatório sobre aapi mega convention

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Referring to the possibility offered by article I, paragraph 3, of the Convention, the People's Democratic Republic of Algeria declares that it will apply the Convention, on the basis of re- ciprocity, to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State and only where such awards have been made with respect to differences arising out of legal relationships whether contractual or not, which are considered as commercial under Algerian law.

Y.B. Comm. Arb. XXVII (2002) 492) which interpreted this phrase in the context of their domestic arbitration legislations and under Article V(1)(b) NYC and then analysed the facts of the present case. The court noted that the Sir Cooke had provided the Respondent with several opportunities to advance documents and legal submissions in its support. The court noted that, the Respondent had chosen to not participate in the arbitral proceedings in relation to the Second Award until August 2001 and in spite of this, had been granted several time extensions (as requested) and that even submissions made by the Respondent beyond agreed timelines had been taken into account by Sir Cooke before passing his award.

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This case was the final instalment in the Centrotrade series (which had seen two previous rounds of litigations at the Supreme Court), and finally enforced in 2020, a foreign arbitral award that had been passed in 2001. This dispute between the parties had arisen with respect to the quantity of dry weight copper concentrate that had to be supplied by Hindustan Copper Ltd (the “Respondent”) to Centrotrade, the Appellant, pursuant to a contract for sale.

"... Brunei Darussalam will on the basis of reciprocity apply the said Convention to the recognition and enforcement of only those awards which are made in the territory of another Contracting State."

"The Government of Jamaica, on the basis of Reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State, in accordance with article 1 (3).

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Cuba will apply the Convention to the recognition and en- forcement of arbitral awards made in the territory of another Contracting State. With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties.

In the absence of an express definition of the term ‘commercial’ in the legal text, the court should have interpreted the term ‘commercial’ in line with the UNCITRAL Model Law, as many courts, including the Supreme Court of India have. The pronouncements of the Supreme Court of India leave pelo room for any doubt that any activity which is intended to facilitate international trade and promotion thereof, shall be understood as falling within the ambit of the term ‘commercial’.

"It will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State."

The phrase ‘Commercial Relationship’ in Article I(3) of the New York Convention was used to create a contradistinction with matrimonial or family or cultural or social or political relationship.[31] That is to say that disputes covering matrimonial or family or cultural or social or political issues, and an award ruling on these subjects, would not be recognized or enforced under the Convention.

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