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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


Claudia Alfons

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.


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B. International Jurisdiction on Recognition and Enforcement 21


21 B. International Jurisdiction on Recognition and Enforcement As indicated, the most signifi cant treaties in the fi eld of recognition and enforcement of awards rendered in an international arbitration procedure will be reviewed in the following treatise. The relevant regime governing recognition and enforcement in the individual case is affected by the features and applicable laws of both the state that issued the award as well as the state that is asked to enforce the award. There are still pivotal questions left open and they are heavily disputed. I. First Conventions on International Arbitration The very fi rst multilateral treaty specifi cally on recognition and enforcement of arbitral awards was the Montevideo Convention of 1889 concluded by several Latin American states and thus a treaty with mere regional range. 21 More than three decades later in 1923 the fi rst truly international treaty on arbitration matters, the Geneva Protocol came into force, followed in 1927 by the Geneva Conven- tion, collectively the Geneva Treaties. Since the Geneva Convention refers to the Geneva Protocol and merely Signatories to the Geneva Protocol could accede to the Geneva Convention, both treaties form a kind of unit. 22 Even though the Geneva Treaties were later displaced within the range of the New York Convention, they represent the fi rst treaties that stayed abreast of the increasing development of international trade, which resulted in a growing signifi cance of international arbitration. The Geneva Treaties were both drawn up under the auspices of the United...

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