International_Arbitration_and_Litigation_Strategies国际商事仲裁和诉讼策略.ppt

. Parties who want to limit arbitration to only contractual disputes or to events that occur within a particular time period would, therefore, seek the narrow construct and avoid a “standard” arbitration clause written so broadly as to confer jurisdiction on the arbitrator of the equivalent of “[a]ny and all controversies,” including issue of whether a particular dispute is arbitrable. * ENFORCEMENT OF AWARDS The Hague Convention on Choice of Court Agreements provides solutions to problems often encountered when seeking enforcement of foreign court judgments. It mandates that member states recognize and enforce the judgments of other member states; and precludes their review of the underlying merits of the judgment. * Recognition or enforcement may be refused by member countries only in specified circumstances, including: Where the judgment is the subject of review in the State of origin; or If the time limit for seeking ordinary review has not expired; or Where the parties’ contract was null and void under the law of the State of the chosen court, (“unless the chosen court has determined that the agreement is valid”); or * 4. Where a party lacked the capacity to conclude the agreement under the law of the requested State; or 5. Where the document which instituted the proceedings or an equivalent document, including the essential elements of the claim, either: (i) ?was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defense; or (ii)? was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents; or * . 6. Where the judgment was obtained by fraud in connection with a matter of procedure; or 7. Where recognition or enforcement would be manifestly incompatible with the public policy of th