TABLE OF CONTENTS

Articles

Recognition and Enforcement of Annulled Arbitral Awards Under the New York Convention 1
Dinis Braz Teixeira
In the 60 years since its inception, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards [“New York Convention”] has become one of the most successful international treaties ever, having been adopted by 157 of the 193 United Nations Member States. This paper analyses Article V(1)(e) of the Convention which is the cause of a rather intense debate among international scholars. It revolves around the possibility of recognition of annulled foreign arbitral awards. This paper starts with the introduction of central concepts relating to the debate surrounding Article V(1)(e) of the Convention and the positions that have been put forward in the past decades. The paper contextualizes the appearance of the New York Convention and elaborates on the concepts of ‘recognition’, ‘enforcement’ and ‘setting aside’ of awards, the way they were dealt with by the drafters of the Convention, and the interests at play. The paper also covers the controversies over the nationality of the award and the discretionary power of the courts in enforcing annulled arbitral awards. It finishes by analysing the regime under other conventions, and the situation of pending and set-aside proceedings.
Recognition and Enforcement of Annulled Arbitral Awards Under the New York Convention 1
Dinis Braz Teixeira
In the 60 years since its inception, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards [“New York Convention”] has become one of the most successful international treaties ever, having been adopted by 157 of the 193 United Nations Member States. This paper analyses Article V(1)(e) of the Convention which is the cause of a rather intense debate among international scholars. It revolves around the possibility of recognition of annulled foreign arbitral awards. This paper starts with the introduction of central concepts relating to the debate surrounding Article V(1)(e) of the Convention and the positions that have been put forward in the past decades. The paper contextualizes the appearance of the New York Convention and elaborates on the concepts of ‘recognition’, ‘enforcement’ and ‘setting aside’ of awards, the way they were dealt with by the drafters of the Convention, and the interests at play. The paper also covers the controversies over the nationality of the award and the discretionary power of the courts in enforcing annulled arbitral awards. It finishes by analysing the regime under other conventions, and the situation of pending and set-aside proceedings.
Even-Numbered Arbitral Tribunals 49
Régis Bonnan
Even-numbered arbitral tribunals are rare. Many national laws and institutional rules discourage or prohibit them. The fear of deadlock between the arbitrators seems to be the main, and sometimes the only, underlying objection. Using a comparative method, this article outlines the various nuances in the approach adopted across a multitude of jurisdictions and attempts to explain the extent to which this fear is justified. Three key points stand out: first, the legal uncertainty in relation to even-numbered tribunals may actually be more problematic than that of a deadlock; second, recourse to even-numbered tribunals could work well under certain specific conditions; and third, the widespread prohibition or reluctance towards allowing even-numbered tribunals, combined with their rarity in practice, is indicative of the problems associated with today’s physiognomy of international arbitration.
Conflicts on the Belt & Road: China’s New Dispute Resolution Mechanism 82
Patrick M. Norton
In its recent Belt and Road Initiative, China has proposed an ambitious program of infrastructure investments in dozens of countries throughout Asia and beyond. This program will inevitably generate a dramatic expansion of international commercial disputes and the need for procedures and institutions to resolve them. China has recently adopted a number of measures designed to prepare Chinese institutions to handle a significant share of these disputes. This article examines China’s new measures and the suitability of Chinese institutions for such an expanded role.

Notes

Assignee’s Right and Obligation to Arbitrate under Civil Law and the Peruvian Long Arm Rule 106
James O. Rodner
The Arbitration and Conciliation Act, 1996 was enacted with a view, inter alia, to develop a fair and efficient system of arbitration in India, with minimal judicial intervention. Yet, ironically, in balancing the interests of fairness against the need for efficiency, judicial intervention sometimes becomes inevitable. The Supreme Court, recently faced with a similar situation, was called upon to decide on the contours of the limitation period applicable to arbitration appeals under the Arbitration Act. Highlighting efficiency and speedy resolution as the foundation of India’s arbitration regime, the Court laid down a law favouring seemingly restrictive and technical considerations at the expense of certain settled legal principles. In light of the same, this note is an attempt to analyse and evaluate the rationale behind the decision and the implications thereof on parties, proceedings and the law itself.