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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.
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