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Enforcement of Annulled Awards of International Commercial Arbitration: Assessment from the Point of View of General Principles of Law
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Enforcement of Annulled Awards of International Commercial Arbitration: Assessment from the Point of View of General Principles of Law
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.103
Publication type
Article
Status
Published
Authors
Ekaterina Kurochkina 
ORCID: 0000-0003-2641-3818
Occupation: Lecturer at the Department of International Law
Affiliation: St. Petersburg State University
Address: St. Petersburg, Russia
Edition
Volume 27 No. 9
Pages
54-65
Abstract

An international commercial arbitration decision annulled by a state court at the place of its issuance in one state is often enforced in another state. An arbitrary interpretation of article 5 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 allows for the enforcement of cancelled decisions. When interpreting this rule, State courts do not take into account the purpose of this Convention.

The purpose of this study is to interpret the provisions of the 1958 New York Convention regarding the recognition and enforcement of foreign arbitral awards annulled at the place of their rendering.

By means of analysis, synthesis, induction, deduction, generalization as well as by means of formallogical and formal-legal methods, the evaluation of the enforcement of annulled arbitral awards from the point of view of general principles of law was conducted.

The author determined that the recognition and enforcement of foreign arbitral awards annulled by the state court at the place of their issuance violates the principles of legal certainty, lis pendens, res judicata, and also leads to negative consequences for the participants in the arbitration proceedings. Based on the provisions of the New York Convention, it has been revealed that the arbitration award and the acts adopted in relation to the annulled arbitration award form an interconnected structure. The elements of this structure are defined. It is proved that the execution of cancelled arbitral awards contradicts the logic laid down by the New York Convention. It is proposed to eliminate the ambiguous interpretation of the provisions of the Convention on the Enforcement of Foreign Arbitral Awards Annulled at the place of their issuance by establishing at the international legal level a clear provision on the impossibility of enforcement of annulled arbitral awards.

Keywords
enforcement of arbitral award, annulment of arbitral award, New York Convention 1958, interpretation of international treaty, res judicata, principle of legal certainty
Date of publication
20.09.2023
Number of purchasers
12
Views
115
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0.0 (0 votes)
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References



Additional sources and materials

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8. Karabel'nikov B. R. Enforcement and challenge of international commercial arbitration awards. Commentary to the 1958 New York Convention and Chapters 30 and 31 of the 2002 Arbitration Procedure Code of the Russian Federation. Moscow, 2008. 606 p. (In Russ. ) 
9. Lazarev V. V. Selected Works. Vol. II. Moscow, 2010. 504 p. (In Russ. ) 
10. Matveeva A. I. Enforcement of annulled foreign arbitral awards: welcome development or pathway to uncertainty? Mezhdunarodnoe pravosudie, 2016, no. 3(19), pp. 18—36. (In Russ. ) 
11. Skvortsov O. Yu., Savranskiy M. Yu., Sevast'yanov G. V. (eds). International Commercial Arbitration: textbook. 2nd ed. St. Petersburg; Moscow, 2018. 965 p. (In Russ. )

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