On 26 November 2024, the European Court of Human Rights (ECHR) ruled against North Macedonia on the basis of article 6§1 of the European Convention on Human Rights (ECHR).
NDI SOPOT S.A., a Polish civil engineering company, applied in Northern Macedonia for theexequatur of an ICC arbitration award handed down in Paris. The award settled a dispute between NDI SOPOT S.A. and a Macedonian company concerning a motorway project in Poland.
The Macedonian courts refused exequatur, citing doubts about the impartiality of one of the arbitrators. The arbitrator was alleged to have had previous links with a lawyer involved in a contract related to the dispute, which he did not disclose.
NDI SOPOT S.A. appealed to the ECHR, claiming a violation of article 6 ECHR. It complained of a lack of impartiality on the part of the Skopje Court of Appeal, as the husband of one of the judges had professional and financial relations with the Macedonian company for which the exequatur was sought.
The ECHR found a violation of article 6§1 of the ECHR and ordered Northern Macedonia to pay compensation to NDI SOPOT S.A. It stressed the importance of an impartial and rigorous examination of applications for recognition of international arbitral awards, a key element in guaranteeing the parties’ confidence in the judicial process.
In a way, it’s a case of the sprinkler being sprinkled.
CEDH, 26 novembre 2024, affaire NDI SOPOT S.A. c. Macédoine du Nord, 6035/17.
