We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part X - Post-Award Issues
Published online by Cambridge University Press: 18 February 2023
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.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
