Ruling of the Sofia City Court Civilian Ref. No. 62/2007 of 16 February 2008 (CEZ K.E.Z.G. and BT A. and I.G. vs. M.Z.P.):
Rationes Decidendi:
The reasons for refusing recognition and enforcement according to Article 5(1) of the New York Convention are examined by a court only based on an objection raised by a respondent (liable party).
The reasons for refusing recognition and enforcement according to Article 5(2) of the New York Convention are examined by a court based on its competence (ex officio).
In recognition and enforcement proceedings, arguments or evidence on the merits are inadmissible if such arguments have not been used by the respondent in the relevant arbitral proceedings despite the fact that such arguments or evidence could have been used. This also applies to facts that may indicate that a criminal offence has been committed (for instance document forgery).
evidence on the merits
based on an objection
reasons examined based on official duty
reasons for refusing recognition
International Court of Arbitration (ICC)
New York Convention
document forgery
examination of merits
criminal offence
public policy
enforcement of an arbitral award
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
