Gharavi, Hamid G., The International Effectiveness of the Annulment of an Arbitral Award, Kluwer Law International, The Hague, London, New York, 2002, ISBN 90-411-1717-2, 204 pages; index.

Gharavi, Hamid G., The International Effectiveness of the Annulment of an Arbitral Award, Kluwer... Company X, a legal person of Country A, initiates an arbitration as Claimant against Company Y, a legal person of Country B, as Respondent, under their previous arbitration agreement to be settled under the laws of Country C. Tribunal 1, sitting in Country D, hands down a decision in favour of Company X, who then seeks enforcement of the award in Countries A, B, C, D and E. Company Y appeals, and the Appeal Tribunal 2 annuls the award. Company X then resubmits its claim to arbitration before Tribunal 3, which hands down a decision in favour of Company Y. Company Y, in turn, seeks enforcement of this award in Countries A, B, C, D and E. But then Company X appeals, and Appeal Tribunal 4 annuls the award. Country A grants enforcement of the award of Tribunal 1 but ignores the appeal award of Tribunal 2 as well as the awards of Tribunals 3 and 4. Country B refuses to enforce the award of Tribunal 1 but enforces the annulment of Tribunal 2. It further enforces the award of Tribunal 3 but refuses enforcement of the award of Tribunal 4. Country C enforces the award of Tribunal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Gharavi, Hamid G., The International Effectiveness of the Annulment of an Arbitral Award, Kluwer Law International, The Hague, London, New York, 2002, ISBN 90-411-1717-2, 204 pages; index.

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Publisher
BRILL
Copyright
Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
D.O.I.
10.1163/221190003X00131
Publisher site
See Article on Publisher Site

Abstract

Company X, a legal person of Country A, initiates an arbitration as Claimant against Company Y, a legal person of Country B, as Respondent, under their previous arbitration agreement to be settled under the laws of Country C. Tribunal 1, sitting in Country D, hands down a decision in favour of Company X, who then seeks enforcement of the award in Countries A, B, C, D and E. Company Y appeals, and the Appeal Tribunal 2 annuls the award. Company X then resubmits its claim to arbitration before Tribunal 3, which hands down a decision in favour of Company Y. Company Y, in turn, seeks enforcement of this award in Countries A, B, C, D and E. But then Company X appeals, and Appeal Tribunal 4 annuls the award. Country A grants enforcement of the award of Tribunal 1 but ignores the appeal award of Tribunal 2 as well as the awards of Tribunals 3 and 4. Country B refuses to enforce the award of Tribunal 1 but enforces the annulment of Tribunal 2. It further enforces the award of Tribunal 3 but refuses enforcement of the award of Tribunal 4. Country C enforces the award of Tribunal

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2003

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