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 of World Investment and Trade – Brill
Published: Jan 1, 2003
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