Yes / This chapter explores the issue of the enforcement of annulled awards under the regime of the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York
1958 (New York Convention) through an analysis of recent decisions from the courts of the
United States, England and France, to suggest the attitude courts in African States should
adopt when required to enforce an annulled award. These three jurisdictions have robustly
engaged with this question and their courts have proffered different reasons for the positions
they take on the issue, which may be instructive to the courts in Africa. The issue is set out in
14.01; and the theoretical and practical effects of annulled awards are briefly discussed in
14.02. The approach adopted by the English courts is briefly examined in 14.03; the US
courts in 14.04; and the French courts in 14.05; and a conclusion.
| Identifer | oai:union.ndltd.org:BRADFORD/oai:bradscholars.brad.ac.uk:10454/17594 |
| Date | 09 January 2020 |
| Creators | Matipe, J.A.P., Olokotor, Prince N.C. |
| Publisher | Kluwer Law International |
| Source Sets | Bradford Scholars |
| Language | English |
| Detected Language | English |
| Type | Book chapter, Accepted manuscript |
| Rights | © 2018 Kluwer Law International. Reproduced in accordance with the publisher's self-archiving policy. |
| Relation | https://lrus.wolterskluwer.com/store/product/rethinking-the-role-of-african-national-courts-in-arbitration/ |
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