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G. M. Casaregi Compagnia di Navigazione e Commercio S.P.A. v. Nishi Shoji Kabushiki Kaisha.
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Interpretation of — Principles and rules of interpretation — Principle of effectiveness — Relevance of object and purpose of Treaty — Geneva Convention on Execution of Foreign Arbitral Awards, 1927 — Meaning of “ rules of procedure of territory where the award is relied upon ” — The law of Japan.
Treaties — Special kinds of — International conventions for enforcement of foreign arbitral awards — Geneva Convention on Execution of Foreign Arbitral Awards, 1927 — Interpretation of — Meaning of “rules of procedure of territory where the award is relied upon” — Whether limited to rules applicable to foreign awards — Purpose of Convention — Principle of effectiveness — Distinction between enforcement of foreign judgments and foreign arbitral awards — Whether requirements of Convention are all that must be satisfied or whether requirements of law of forum must also be satisfied — The law of Japan.
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