Recognition and Enforcement of Annulled Foreign Arbitral Awards : An Analysis of the Legal Framework and its Interpretation in Case Law and Literature
New
Book Details
Format
Hardback or Cased Book
ISBN-10
3631603789
ISBN-13
9783631603789
Edition
New
Publisher
Peter Lang AG
Imprint
Peter Lang AG
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Jun 18th, 2010
Print length
218 Pages
Weight
394 grams
Dimensions
15.50 x 21.50 x 1.80 cms
Product Classification:
International law
Ksh 8,500.00
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When state A, in which an arbitral award was rendered, decides to annul the award in accordance with its national laws, it does not necessarily mean award is effectively null and void. This book aims to analyse legal framework and national case law resulting in such out-comes.
When state A, in which an arbitral award was rendered, decides to annul the award in accordance with its national laws, it does not necessarily mean the award is effectively null and void. Rather, the initially prevailing party X may still be granted enforcement of the award in state B. The situation gets even worse, if a second arbitration is conducted in state A, this time rendering an award in favour of the former underlying party Y. Now party Y may in turn – successfully – seek the enforcement of the second award. This book aims to analyse the legal framework and the national case law resulting in such out-comes and gives recommendations how legal certainty may be assured – de lege lata and de lege ferenda.
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