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Harmonising Judicial Approaches To Determining The Enforceability Of Foreign Annulled Awards, Winnie Ma
Harmonising Judicial Approaches To Determining The Enforceability Of Foreign Annulled Awards, Winnie Ma
Winnie Ma
Judicial enforcement of foreign annulled awards has engendered fervent debate. Pursuant to Article V(1)(e) of the New York Convention, the enforcement court may refuse to enforce an award which has been set aside in "the country in which, or under the law of which, that award was made." Yet some enforcement courts have allowed enforcement notwithstanding such annulment, primarily on two bases. The first basis is that Article V(1)(e) is a discretionary ground for non-enforcement. The second basis is that Article VII(1) of the New York Convention allows enforcement through the application of the more favourable law.
This paper examines …