Croatian Company v. Swiss Company
Croatia High Commercial Court
2 Croat. Arb. Y.B. 205 (1995)
- Written by Sara Adams, JD
Facts
A dispute between a Croatian company (plaintiff) and a Swiss company (defendant) was referred to arbitration at the International Chamber of Commerce (ICC) in Switzerland. The arbitration was conducted pursuant to Swiss procedural law, and Croatian substantive law was applied. An award was rendered in favor of the Swiss company. The Croatian company applied to a commercial county court in Croatia, seeking to set aside the award. The commercial county court refused to set aside the award. The Croatian court reasoned that it had no jurisdiction over the matter because the award was rendered in Switzerland under Swiss procedural law and, therefore, the award fell under the jurisdiction of the Swiss legal system. The Croatian company appealed to the Croatia High Commercial Court. The Croatian company argued that the New York Convention (the convention) applied to the matter, and under the convention the Croatian court would have jurisdiction because Croatian substantive law was applied.
Rule of Law
Issue
Holding and Reasoning ()
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