International business transactions

incapacity of the parties and formal invalidity of the arbitration agreement

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• Excess of authority by the arbitrator

incapacity of the parties and formal invalidity of the arbitration agreement question of jurisdiction can get second look violations of due process technical language is “party … was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case.” Excess of authority by the arbitrator Arbitrator ruled on something outside the scope of his powers, beyond his jurisdiction Composition of tribunal or arbitration proceedings did not comply with agreement of parties, or where no agreement, did not comply with law of the place where arbitration took place  the rules were not followed The award has not yet become binding or has been set aside or suspended Grounds for Ex Officio Refusal of Recognition and Enforcement of Arbitral Awards, Art V(2) The recognition and enforcement of an arbitral award may be refused ex officio. The grounds for such refusal are: a) non-arbitrability of the subject matter, and b) violation of the public policy of the law of the country where recognition and enforcement is sought. The non-arbitrability of an award is determined according to the law of the country where recognition and enforcement is sought. i.e. in Europe, disputes between consumer and producer are not capable of being settled by arbitration. in some jurisdictions, anti-trust violations are not capable of being settled by arbitration Matters deemed to constitute a violation of public policy include, inter alia, impartiality of the arbitrators, lack of reasons in the award, and irregularities in the arbitral procedure. some jurisdictions interpret this exception quite narrowly, i.e. the kinds of public policy issues that are really really important in US, only if it would violate most basic notions of morality and justice other countries believe that this is a reference to intl public policy Download 107.2 Kb. Share with your friends: