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In international arbitration few issues have been as controversial
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 attracted
the intense scrutiny of practitioners and scholars. This book
provides an 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 50
different countries. With 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.
This book should be of interest to practitioners and scholars in
the field of international arbitration. Its subject matter
highlights not only the deviations and shortcomings of the arbitral
process, but also the sensitive issues of state sovereignty,
international co-operation, and the harmony of international
relations.
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