In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy.Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux préparatoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.
'While a multitude of volumes and journals crowd our bookshelves in the exciting and ever-moving world of dispute resolution, Mr. Gharavi's new work most certainly should not be among the missing.'
Foreword. Preface. Introduction. Part I: Sources of Malfunctioning. I. The International Framework of Control of the Validity of Awards. Section I: Jurisdiction Over Annulment of the Award. Section II: Annulment Proceedings: The Extent of Control. II. Articulation of Annulment and Enforcement Actions. Section I: The Birth of the New York Convention. II. The New York Convention: Achievements and Imperfections. Part II: Manifestations of Malfunctioning. I. The Foundations of the Practice of Annulled Awards. Section I: Legal Foundations. II. Practical Foundations. II. The Negative Consequences. Section I: A Blow to International Coordination and Harmonization. Section II: Possible Emergence of Biased Enforcement Decisions. Section III: Violation of the Will of the Parties. Section IV: Distrust Towards Arbitration. Part III: Solutions to the Malfunctioning. I. Proposed Solutions. Section I: Solutions of Continuity. Section II: Solutions of Rupture. II. The Appropriate Solution. Section I: Regime and Evolution of International Commercial Arbitration. Section II: Unification: The Path of the Ideal Regime. Conclusion.