...FINAL STAGE: ENFORCEABILITY OF AN ARBITRAL AWARD AND OBSTACLE OF PUBLIC POLICY Suppose a dispute affected by sanctions has completed the arbitration process, and an award has been rendered. The...
...the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1960, which is relied upon for enforcing a foreign award. Under said Convention, a two-fold challenge...
...which it considers likely to be important for the outcome of the arbitration. Res judicata and Enforcement of the Arbitral Award An arbitral award shall be res judicata from its...
...and an award enforceable in most jurisdictions. As of 2023, over 168 State parties have signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (commonly...
...by separate legislations. The enforcement of domestic awards was governed by the Arbitration Act, 1940 while foreign awards governed by the New York Convention were enforced under the Foreign Awards...
Author: Rada Lelutiu** Published: April 2004 Topics: Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement New York Convention Description: I. INTRODUCTION Concluded in 1958,...
...Spanish Arbitration Act refers to “definitive” and “final” awards, both terms indicating the res judicata effect of an arbitral award. This distinction in the two terms is only relevant for...
Author: Sergia Carias-Borjas** Published: October 1991 Jurisdiction: Senegal France Topics: Commercial Disputes Investment Disputes Enforcement of Arbitral Awards Enforceability ICSID Description: The viability of any international commercial arbitration system depends...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
...Arbitral Awards (“New York Convention”). The first applies to awards rendered in accordance with the ICSID Arbitration Rules, the latter to awards rendered under other arbitration rules, including the ICSID...
Author: Hans Smit* Published: December 1996 Jurisdiction: International Topics: Arbitral Awards Payment of Money, Foreign Currency Description: As international arbitration grows apace, awards are increasingly rendered in foreign currencies. Not...
...rights to a reasoned award is prejudicial to an award’s validity. The parties’ choice to have a reasoned award forms part of the mandatory provisions of most prominent arbitration seats...
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