Judicial attitudes towards the enforcement of annulled awards

This chapter explores the issue of the enforcement of annulled awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 (New York Convention) through an analysis of recent decisions from the courts of the United States, England and France, to suggest the attitude courts in African States should adopt when required to enforce an annulled award. These three jurisdictions have robustly engaged with this question and their courts have proffered different reasons for the positions they take on the issue, which may be instructive to the courts in Africa. The issue is set out in 14.01; and the theoretical and practical effects of annulled awards are briefly discussed in 14.02. The approach adopted by the English courts is briefly examined in 14.03; the US courts in 14.04; and the French courts in 14.05; and a conclusion.

URI

http://hdl.handle.net/10454/17594

Version

Accepted manuscript

Citation

Matipe JAP and Olokotor PNC (2018) Judicial attitudes towards the enforcement of annulled awards. In: Onyema E (Ed.) Rethinking the role of African national courts in arbitration. Netherlands: Kluwer Law International.

Link to published version

https://lrus.wolterskluwer.com/store/product/rethinking-the-role-of-african-national-courts-in-arbitration/

Type

Book chapter