COMPETENT COURT FOR ANNULMENT OF ARBITRAL AWARD IN INTERNATIONAL ARBITRATION | ||
| مطالعات حقوق خصوصی | ||
| Article 4, Volume 38, Issue 2, July 2009 PDF (272.42 K) | ||
| Abstract | ||
| One of the complicated debates in international commercial arbitration law is the matter of judicial competence for examination of challenge over arbitral awards and annulment proceedings. In the first part of this essay, I have tried to clarify that judicial competence on annulment proceedings is limited to national or domestic arbitral awards and then, to give main criteria for determination of nationality of arbitral awards based on their popularity and acceptance in the world. Incompatibility among the said criteria, specially the two main criteria i.e. criterion of place of issuance of the award and criterion of law of procedure, have caused undesirable effects like positive and negative conflict of jurisdictions over challenge proceedings. This problem and relative solutions for decreasing the indicated effects are studied in the second part of the essay. | ||
| Keywords | ||
| Annulment of Arbitral Award.; Challenge of Arbitral Award; Domestic Arbitral Award; Foreign Arbitral Award; Geographical Criterion/ Place of Issuance of Arbitral Award; Jurisdiction/ Judicial Competence; Nationality of Arbitral Award; Procedural Criterion | ||
|
Statistics Article View: 5,466 PDF Download: 3,651 |
||