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european convention on international arbitration

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49 - Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
from Part X - Post-Award Issues
- By Linda J. Silberman, Robert U. Hess
Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
Book:

Cambridge Compendium of International Commercial and Investment Arbitration

Published online:

18 February 2023

Print publication:

02 March 2023, pp 1515-1542
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Summary

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.