Problematic arbitration awards under the New York convention (1958)

probing the Arbitration Tribunal’s Jurisdictional Decision that a Resisting Party is a Party to an Arbitration Agreement

Autores

  • Neil Andrews University of Cambridge

Resumo

The United Kingdom Supreme Court in Dallah Real Estate & Tourism Holding Co v Pakistan (2010) has held that if a person or entity (`the resisting party’) consistently denies that it is a party to an arbitration agreement, and so opposes the arbitrators’ supposed jurisdiction, and the award against the resisting party falls for recognition or enforcement under the New York Convention (1958), the enforcing court (where recognition or enforcement is sought) can re-open and re-examine in full and afresh the disputed issues of law and fact on the question whether the resisting party was truly a party to the relevant arbitration agreement.

Downloads

Não há dados estatísticos.

Biografia do Autor

Neil Andrews, University of Cambridge

Professor at the University of Cambridge, England.

Downloads

Publicado

2011-04-08

Como Citar

ANDREWS, Neil. Problematic arbitration awards under the New York convention (1958): probing the Arbitration Tribunal’s Jurisdictional Decision that a Resisting Party is a Party to an Arbitration Agreement. Civil Procedure Review, [S. l.], v. 2, n. 1, p. 3–13, 2011. Disponível em: https://civilprocedurereview.com/revista/article/view/78. Acesso em: 5 nov. 2024.

Edição

Seção

Artigos