The Constitutional Court has clarified certain aspects of recognition of foreign arbitration awards/decisions in Azerbaijan.
The Plenum of the Constitutional Court of the Republic of Azerbaijan made a decision “on verifying the compliance of the Decree of the Administrative-Economic Board of the Supreme Court of the Republic of Azerbaijan dated May 16, 2018 to the Constitution and the laws of the Republic of Azerbaijan, on the complaint of the “POSCO DAEWOO” Corporation” on April 15, 2019. The decision is about the refusal by the Supreme Court of the Republic of Azerbaijan to the application for the recognition of the decision of the Korean Commercial Arbitration Council by the Republic of Azerbaijan.
The Constitutional Court ruled that, when reviewing applications on the recognition of arbitral decisions by the Supreme Court, the rejection shall be based only on the grounds for rejection in the relevant legislation and these cases shall be proved by appropriate evidence. In other words, in cases of recognition of foreign arbitration awards, the grounds of rejection by the Supreme Court shall be clearly checked and evidences approved in strict compliance of laws.
For questions about the recognition and enforcement of foreign arbitration awards and foreign court decisions in Azerbaijan, please contact us.
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