The Plenum of the Constitutional
Court of the Republic of Azerbaijan, chaired by Mr.Farhad
Abdullayev, held its regular session via procedure of special proceeding.
At the session, the Constitutional
Court examined the complaint filed
by “POSCO DAEWOO” corporation on the conformity
of the decision of Administrative-Economic Board of the Supreme Court of the
Republic of Azerbaijan of May 16, 2018 with the laws and Constitution of the
Republic of Azerbaijan.
Having heard the report of
Judge S. Salmanova, the reports of the legal representative of applicant,
conclusions of expert, examined the materials of the case the Plenum of
Constitutional Court of the Republic of Azerbaijan adopted
decision.
The Plenum of Constitutional Court
decided to recognize the decision of Administrative-Economic Board of the Supreme
Court of the Republic of Azerbaijan of May 16, 2018 concerning recognition and
enforcement of the ruling of the Commercial Arbitration Council of Korea of
June 12, 2017 in the territory of the Republic of Azerbaijan, and
dissatisfaction of application of POSCO DAEWOO Corporation as null and void in connection with
its non-conformity with part I of Article 60, parts II and VII of Article 127 of the
Constitution of the Republic of Azerbaijan and Article 476 of the Civil
Procedure Code of the Republic of Azerbaijan. The case should be re-examined in accordance with
legal positions indicated in decision of Constitutional Court, in the manner
and term specified by the civil
procedure legislation of the Republic of Azerbaijan.
The decision comes
into force from the date of its publication, is final, and may not be
cancelled, changed or officially interpreted by any institution or official.
