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

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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 |
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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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