中国人民大学法学院国际商事仲裁法课件 Awards.pptVIP

Chapter 10International Arbitral Awards Content of Award Jurisdiction Procedure Arguments for both parties Tribunal’s opinion on the issues Award Revpower Case 399 Proceedings Factual background and basic submissions by the parties Governing law The parties prayers Opinion Award Classification of the awards Interim, preliminary, partial award Interlocutory award （中间裁决） Consent award （和解裁决） Award （终局裁决） Supplementary award （补充裁决） Nationality of the int’l award Source of the legally binding force Power to set aside award National court decides Criteria to decide the nationality of int’l awards NYC Territoriality where the award is made Applicable law under which the award is made Other criteria 仲裁员国籍：匈牙利 裁决书签字地 仲裁机构所在地 Revocation Awards General principle for remedies: setting aside and refusing enforcement: National courts are entitled to set aside their own awards. As to foreign awards, the courts may only decide whether to enforce or not. Revocation of international awards could be done only by the national courts that consider the awards as their own (domestic awards). Int’l Standard Elec. Co. (USA) v. Bridas (Argentine) 425 Tibor Varady：International Commercial Arbitraiton, West Group, 1999, 631-636 ICC Arbitration in Mexico city Award in favor of Bridas ISEC applied to vacate in New York court ISEC’s petition is dismissed on by the court The forum of arbitration is Mexico city, the governing procedural law is that of Mexico, only the court of Mexico have jurisdiction under the Convention to vacate the award. Croatian co. v. Swiss co. 448 Tibor Varady：International Commercial Arbitraiton, West Group, 1999, 636-637 Croatian co. applied to the Croatian ct. to set aside the arbitral award made by ICC arbitral tribunal in Switzerland in accordance with substantive Croatian law Rejected by the ct. on the ground that the procedural law of a foreign state in which award is made was applied. Conditions for set aside General principle: procedure issues i