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Emergency Arbitrator Awards: Addressing enforceability concerns through national law and the New York Convention

Garimella, SR and Sooksripaisarnkit, P ORCID: 0000-0002-1708-4226 2019 , 'Emergency Arbitrator Awards: Addressing enforceability concerns through national law and the New York Convention', in K Gomez and AM Lopez Rodriguez (eds.), 60 Years of the New York Convention: Key Issues and Future Challenges , Kluwer Law International BV, The Netherlands, pp. 67-83.

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Abstract

As the Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York, 1958) (NY Convention) celebrates its 60th anniversary, it is pertinent toestablish its relevance to the enforceability of decisions emanating from improvisedvariants such as emergency arbitration. By investigating the compatibility of the NYConvention with Emergency Arbitration, this chapter seeks to map the diversity in lawsand procedures related to enforcing these decisions in various jurisdictions and underarbitral institutions’ rules. The findings suggest that Emergency Arbitration fulfils animportant purpose, providing urgent/conservatory relief to the parties; consequently,the term ‘award’ in the NY Convention needs to be read expansively ensure theenforceability of these decisions.

Item Type: Book Section
Authors/Creators:Garimella, SR and Sooksripaisarnkit, P
Keywords: Emergency arbitration; New York Convention; domestic arbitration statutes; interim measures; dispute resolution
Publisher: Kluwer Law International BV
Copyright Information:

Copyright 2019 Kluwer Law International BV, The Netherlands

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