Company A (Nationality Not Indicated) v. Company B (Slovenia) (Radenska v. Kajo)

20 Y.B. Comm Arb. 1051 (1995)

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Company A (Nationality Not Indicated) v. Company B (Slovenia) (Radenska v. Kajo)

Austria Supreme Court
20 Y.B. Comm Arb. 1051 (1995)

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Facts

Company A (plaintiff) obtained an arbitral award for four million Austrian shillings against Company B (defendant) in a territory formerly belonging to Yugoslavia but now belonging to Slovenia. Company B petitioned a court in the same territory to set aside the award, but the court declined to do so. Later, the Slovenia Supreme Court set aside part of the award on the basis that the award violated Yugoslavian public policy at the time the award was made. Company A then sought enforcement of the award in Austria. Company B, relying on the Slovenia Supreme Court decision declaring the award against public policy, argued that the award should not be enforced. The lower court agreed and denied enforcement, but then the court of appeals reversed. Company B appealed to the Austria Supreme Court.

Rule of Law

Issue

Holding and Reasoning ()

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