12. Excerpt from decision of 1st Civil Chamber of 16 January 1995 in Compagnie de Navigation et Transports SA versus MSC Mediterranean Shipping Company SA (appeal)

Summary

Art. II of the New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards (hereafter: the New York Convention).

1. A domestic court, before which an objection to arbitration is raised, based on Art. II para. 3 of the New York Convention, has full power to assess the formal validity of an arbitration agreement (recital 2b). The formal requirements set forth in Art. II para. 2 of the New York Convention on this matter are similar to those of Art. 178 PILS (recital 2c).