Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- 49 Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
- 50 Enforcement Against States and State Entities
- 51 The Law Applicable to Post-Award Issues
- 52 Post-Award Access to Justice Issues: Using Investment Treaties to Enforce Commercial Arbitration Awards
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
49 - Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
from Part X - Post-Award Issues
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- 49 Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
- 50 Enforcement Against States and State Entities
- 51 The Law Applicable to Post-Award Issues
- 52 Post-Award Access to Justice Issues: Using Investment Treaties to Enforce Commercial Arbitration Awards
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This chapter surveys how courts in various jurisdictions treat an international arbitral award that has been set aside at the seat of the arbitration.The article considers the advantages and disadvantages of approaches at two extremes – ignoring the set-aside, on the one hand, or giving conclusive weight to the set-aside, on the other. It compares the provisions in Article IX(1) of the European Convention on International Arbitration and Article V(1)(e) of the New York and Panama Conventions. It also reviews proposals suggested by various arbitration scholars and commentators as to how to treat an award that has been set aside at the seat.The authors then set forth and discuss their own proposal for a “middle path”: the adoption of a “judgments approach” to assess whether or not to respect the set-aside.
Keywords
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2023