Current Challenges of Enforcing Annulled Arbitral Awards

Warning

This publication doesn't include Faculty of Economics and Administration. It includes Faculty of Law. Official publication website can be found on muni.cz.
Authors

PSÁRSKA Lenka

Year of publication 2022
Type Article in Proceedings
Conference Cofola International 2022: Current Challenges of Resolution of International (Cross-Border) Disputes
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Doi http://dx.doi.org/10.5817/CZ.MUNI.P280-0231-2022
Keywords Annulment Proceedings; Discretionary Power; International Arbitration; New York Convention; Public Policy
Description The controversy regarding the French approach to the enforcement of annulled arbitral awards may have died out, yet new issues continue to arise. This paper analyses the current practice in respect to the discretion given to the enforcing courts by the New York Convention. Special attention is paid to the development of case law and approaches of leading jurisdictions concerning the relationship of an award with the legal order under which it was rendered. The purpose of this paper is assessment of the discretion granted to the national courts by Article V of the New York Convention to enforce an award notwithstanding its annulment at the seat.
Related projects:

You are running an old browser version. We recommend updating your browser to its latest version.