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Recognition and Enforcement of Annulled Foreign Arbitral Awards

An Analysis of the Legal Framework and its Interpretation in Case Law and Literature

by Claudia Alfons (Author)
Thesis 216 Pages

Summary

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.

Details

Pages
216
ISBN (PDF)
9783653000337
ISBN (Hardcover)
9783631603789
Language
English
Publication date
2010 (October)
Published
Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2010. 215 pp.

Biographical notes

Claudia Alfons (Author)

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.

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Title: Recognition and Enforcement of Annulled Foreign Arbitral Awards