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Recommendations On Public Policy In The Enforcement Of Arbitral Awards, Winnie Ma
Recommendations On Public Policy In The Enforcement Of Arbitral Awards, Winnie Ma
Winnie Ma
Extract: Unruly applications of the inherently unruly public-policy exception persist, primarily because the public-policy paradox of the New York Convention persists - that is, the public-policy exception to the pro-enforcement public policy. Consequently, the concept of international public policy remains problematic.
Parallel Proceedings And International Commercial Arbitration: The International Law Association's Recommendations For Arbitrators, Winnie Ma
Winnie Ma
In 2006 the International Law Association adopted various recommendations to facilitate consistency in the arbitrators' approach to parallel proceedings. The ILA confirms the possibility of parallel judicial and arbitral proceedings notwithstanding the persistent debate on whether the arbitral tribunals or the state courts should have priority in determining arbitral jurisdictions. By widening the definition of parallel proceedings to include related proceedings involving substantially the same parties and issues, the ILA provides different recommendations for different types of parallel proceedings. These recommendations advise arbitrators to consider the interests of arbitral efficiency and the possibility of annulment when deciding whether to exercise …
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 …