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Article 36 - Grounds for Refusing Recognition or Enforcement

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

Article 36 of the Model Law concerns the recognition and enforcement of awards. The grounds for refusal are modelled after the New York Convention; as such, they are extremely limited and mainly focus on procedural irregularities. As already mentioned, article 36 was closely modelled on articles V and VI of the Convention. The Working Group did not want to deviate much from the Convention as it ‘worked well in practice’ and had given rise to few problems. Many States that had already joined the Convention went so far as to state that article 36 was unnecessary, as it would simply create duplication within their domestic legislation.

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Publisher: Cambridge University Press
Print publication year: 2020

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