The international effectiveness of the annulment of an arbitral award
著者
書誌事項
The international effectiveness of the annulment of an arbitral award
（International arbitration law library）
Kluwer Law International, c2002
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注記
Originally presented as the author's thesis (doctoral) -- University of Paris II Panthéon-Assas, 2001?
"French version ... constituted PhD dissertation" -- Pref
Includes bibliographical references and index
内容説明・目次
内容説明
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.
目次
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.
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