Title: Annulment and Court Intervention in International Commercial Arbitration
Abstract: By choosing the arbitral forum, parties to a contract agree to have their disputes resolved by an independent third party rather than by national courts. However, national courts still play an essential role in modern international commercial arbitration by ensuring the smooth process and supplementing the parties' failures to agree on various procedural points. One area that remains highly contentious is the annulment of awards – i.e., the decision of the courts of the seat of arbitration to invalidate the arbitral award – and the effect of that decision on the enforcement of the same award by other courts. Despite arbitration's increased popularity, unforeseen issues have arisen and the enforcement of annulled awards has awaken old debates regarding the very nature of arbitration and the interplay with national Courts.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 2
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