Posts

Showing posts from November, 2018

Should arbitral awards annulled at the seat of the arbitration be enforced by the courts of other countries?

Image
Article V of the New York Convention could be interpreted as stating that if an award has been annulled by the court of the seat of arbitration, then the courts of other countries must not recognise or enforce the award. This would then be in conflict with Article VII which states that courts must apply domestic law which is more favourable to enforcement of awards. The question is which one of these provisions is more desirable, and I will argue that very different lines of thought concerning enforcement of awards underlie them. Arguments in favour of enforcing an annulled award: Article VII: 1.      The Convention: One could argue that one argument in favour of enforcing is that Article VII requires it; however we know that the requirements of the New York Convention are problematic here, and I will be considering more substantive arguments in favour. 2.      Promotes enforcement: This results in more enforcement, which is the aim of the New Yor