Recognition and Enforcement of Annulled Foreign Arbitral Awards

Claudia Alfons

ISBN 10: 3631603789 / ISBN 13: 9783631603789

Editore: Peter Lang, Peter Lang Jun 2010, 2010

Riguardo questo articolo

Neuware -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. 216 pp. Englisch.

Codice articolo 9783631603789

Dati bibliografici

• Titolo: Recognition and Enforcement of Annulled Foreign Arbitral Awards
• Editore: Peter Lang, Peter Lang Jun 2010
• Data di pubblicazione: 2010
• Lingua: Inglese
• ISBN 10: 3631603789
• ISBN 13: 9783631603789
• Rilegatura: Buch
• Condizione: Neu

Descrizione articolo

Riassunto

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.

Informazioni sull?autore

The Author: Claudia Alfons studied law at the Universities of Würzburg and Freiburg im Breisgau with special focus on international law. She obtained her doctorate in law from the University of Vienna. Concomitantly to her dissertation she worked in the field of commercial and investment arbitration.