Decision of the 1st Civil Chamber of 22 May 1985 in the case of Company X versus Company Y. (appeal)

Summary

New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Objection to the jurisdiction of ordinary domestic courts.

Art. II para. 3 of the New York Convention only grants parties to the arbitration agreement the right to avail themselves of the Convention in order to object to the jurisdiction of an ordinary domestic court; the formal requirements of the matter, however, are governed by the domestic law of each Contracting State (recital 2).

Art. 2 CC, 43 OJ.

When they apply to matters which do not fall under federal law, the prohibition on abuse of law and the duty to act in good faith are not considered rules of federal law and cannot be relied on as grounds for appeal (recital 3).