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The International Effectiveness of the Annulment of an Arbitral Award

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ISBN13: 9789041117175
ISBN: 9041117172
New Edition ISBN: 9789041159731
Published: January 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £100.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In international arbitration few issues have been as controversial as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has attracted the intense scrutiny of practitioners and scholars.

This book provides an analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than 50 different countries.

With attention to theoretical and practical perspectives - especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators - Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.

This book should be of interest to practitioners and scholars in the field of international arbitration. Its subject matter highlights not only the deviations and shortcomings of the arbitral process, but also the sensitive issues of state sovereignty, international co-operation, and the harmony of international relations.

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Subjects:
Arbitration and Dispute Resolution
Contents:
Foreword. Preface. Introduction. Part I: Sources of Malfunctioning. I. The International Framework of Control of the Validity of Awards. Section I: Jurisdiction Over Annulment of the Award. Section II: Annulment Proceedings: The Extent of Control. II. Articulation of Annulment and Enforcement Actions. Section I: The Birth of the New York Convention. II. The New York Convention: Achievements and Imperfections. Part II: Manifestations of Malfunctioning. I. The Foundations of the Practice of Annulled Awards. Section I: Legal Foundations. II. Practical Foundations. II. The Negative Consequences. Section I: A Blow to International Coordination and Harmonization. Section II: Possible Emergence of Biased Enforcement Decisions. Section III: Violation of the Will of the Parties. Section IV: Distrust Towards Arbitration. Part III: Solutions to the Malfunctioning. I. Proposed Solutions. Section I: Solutions of Continuity. Section II: Solutions of Rupture. II. The Appropriate Solution. Section I: Regime and Evolution of International Commercial Arbitration. Section II: Unification: The Path of the Ideal Regime. Conclusion.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published March 2018
Kluwer Law International
£119.00
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published September 2017
Kluwer Law International
£92.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print