Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- 49 Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
- 50 Enforcement Against States and State Entities
- 51 The Law Applicable to Post-Award Issues
- 52 Post-Award Access to Justice Issues: Using Investment Treaties to Enforce Commercial Arbitration Awards
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
51 - The Law Applicable to Post-Award Issues
from Part X - Post-Award Issues
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- 49 Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
- 50 Enforcement Against States and State Entities
- 51 The Law Applicable to Post-Award Issues
- 52 Post-Award Access to Justice Issues: Using Investment Treaties to Enforce Commercial Arbitration Awards
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This chapter focusses on a narrow topic: the law applicable to post-award issues. It deals in turn with the law applicable to recognition and enforcement proceedings, to annulment proceedings, and to post-award issues in investment arbitration. Enforcement of arbitral awards typically takes place within the framework of the 1958 New York Convention, but this chapter will also refer to relevant provisions of the UNCITRAL Model Law on Commercial Arbitration, the 1961 Geneva Convention and the ICSID Convention. Issues covered include the law applicable to the following issues: the validity of the arbitration agreement, arbitrability, arbitral procedure, competence of the tribunal, scope of the dispute, public policy, finality of the award and annulment. Particular attention will be given to the extent to which potentially diverse answers arising from the designation of national law may be mitigated by evolving transnational norms for some of the issues examined.
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- Publisher: Cambridge University PressPrint publication year: 2023