Review of substantive reasoning of international Arbitral Awards by national courts: Ensuring one-stop adjudication
Article Abstract:
An arbitral award should be drafted to meet the requirements of the law of the place of the arbitration and those of the New York Convention. Article V of the Convention provides the grounds for refusing enforcement of arbitration, but does not focus on the substantive reasoning regarding the merits, as one of the basic purposes was to avoid re-litigation of arbitral matters before the enforcing courts.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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Dealing with Pandora: The concept of 'Merits' in international commercial arbitration
Article Abstract:
The definition of 'Merits' covers both the rights asserted by the claimant and the defences raised by the respondent. From this it is clear that there are two aspects to the concept of merits one which relates to the merits of the claim brought by the claimant and the other aspect that reflects the subject matter of the dispute between the parties resulting from the defences raised by the respondent.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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The autonomy of arbitrators, and fraud unravels all
Article Abstract:
The problem of the potential for conflict between different public policies is addressed particularly in the context of fraud. The conditions under which a case can be reopened on the basis of one party's position that an award is obtained fraudulently and that the arbitrators ruled on the basis of false evidence are discussed.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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