In international arbitration as practiced today, few issues are as controversial and hotly debated 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 inevitably attracted the intense scrutiny of practitioners and scholars.
Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth 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 fifty different countries. Among the book's most notable features are the following:
invaluable information on, and an in-depth analysis of, the travaux préparatoires of the New York Convention pertaining to the articulation of annulment/enforcement controls;
the effects of the cultural, judicial, and legal diversity of states; and
clear elucidation of the interests that often separate North from South in the practice of arbitration.
With detailed 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.
- 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
Section II: The New York Convention: Achievements and Imperfections
- Manifestations of Malfunctioning
I. The Foundations of the Practice of Annulled Awards
Section I: Legal Foundations
Section 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
- 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