Vanishing Set-Aside Authority in International Commercial Arbitration Cover Image

Vanishing Set-Aside Authority in International Commercial Arbitration
Vanishing Set-Aside Authority in International Commercial Arbitration

Author(s): Meng Chen, Chengzhi Wang
Subject(s): International Law, Commercial Law, Comparative Law
Published by: Univerzita Palackého v Olomouci_1
Keywords: Set-aside authority; New York Convention; Set-aside arbitral awards; International commercial arbitration; Enforcement proceeding;

Summary/Abstract: Traditional set-aside theory is subject to considerable challenges as a result of an uncompromising trend towards autonomy and internationalism in international arbitration. The silence and ambiguity of international law regarding enforcement of set-aside arbitral awards allow some states to abandon their own set-aside authority or ignore set-aside decisions made by competent courts. This article presents a range of evidence that demonstrates the enforcement of set-aside arbitral awards has become a common phenomenon. This article first introduces robust academic debates regarding set-aside authority. Then this article exposes omission and ambiguity in the legal source, which leads to confusion in enforcement proceedings of set-aside arbitral awards. This article describes and analyses selected cases and practical data in order to summarize the approaches taken by national courts when reviewing foreign set-aside decisions. Finally, this article briefly evaluates the most promising solutions to the contradictory enforcement proceedings of set-aside arbitral awards.

  • Issue Year: 18/2018
  • Issue No: 1
  • Page Range: 127-154
  • Page Count: 28
  • Language: English
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