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Supreme Court of Denmark

Review of arbitration award – refusal of request for a preliminary ruling 

Case no. 142/2014

Order made on 24 April 2015

Taewoong Inc.
AH Industries A/S

Refusal of a request for reference of questions for a preliminary ruling to the EU Court of Justice concerning a national court's review of arbitration award

The case concerns the issue of whether an award issued by an arbitration tribunal is invalid. The award concerns the interpretation of the parties' distribution agreement.

During the preparation of the case before the Supreme Court, Taewoong requested that questions be referred for a preliminary ruling to the Court of Justice of the European Union regarding, among other things, the scope of the national court's review of the arbitration award.

The Supreme Court found that, based on the Court of Justice's case law, there was no reasonable doubt as to the interpretation of the EU regulations applicable in this case that would justify referring questions to the Court of Justice. Accordingly, the Supreme Court refused the request.

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