中国人民大学法学院国际商事仲裁法课件 Awards Enforcement.pptVIP

Chapter 11Enforcement of Arbitral Awards Remedies for Int’s Awards Set aside (撤销） Refusing enforcement（拒绝执行） General principle: National courts are entitled to set aside their own awards. As to foreign awards, the courts may only decide whether to enforce or not. Conditions for refusing enforcement under NYC General principle: procedure issues instead of merits of the case Invalid arbitration agreement Lack of due procedure Tribunal beyond authority Impropriate composition of the tribunal Non-arbitrability of the dispute Award in conflict with the public policy Invalid arbitration agreement ELF Aquitaine Iran(France) v. National Iranian Oil Co. (Iran) 135 Tibor Varady，223-228; Nationalization of oil industry in Iran Arbitration agreement was void. Dispute is settled by the Special Committee of Iran. Sole arbitrator declared its competence. Lack of due procedure Paklito Investment Ltd. v. Klockner East Asia Ltd. 251 Sales K between the parties Dispute on the defects of the goods Expert opinions and review Award in favor of the buyer Refusing enforcement Tribunal beyond its authority Norsolor S. A. (France) v. Pabalk Ticaret Sirketi S.A. (Turkey) 381 Agency agreement b/w French and Turkey co. ICC Arbitration award made in Vienna. Tribunal beyond its authority via amicable compositeur. Improper composition of the tribunal Commercial man as arbitrator Engineer of the servant of the parties during the construction work R. A. Sally(Fin.) v. S.R.L. Termarea (Italy) p.455 Yearbk. Comm. Arb’n 294(1979) C/P between Sally and Termarea Arbitration clause （ad hoc) Demurrage claim from Sally Award by two chosen arbitrators Refusing enforcement by the Italian court due to improper composition of the tribunal Arbitrability matters Wilko v. Swan (1953) Sherk v. Alberto-Culver Co. (1974) Rodriguez v. Shearson/American Express (1989) Public policy consideration Julius A. Furer in the USA（[1978] 3 Yearbook Commercial Arbitration. 290 ； Army ship wreckaged near Netherlands i