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Pages:
11 pages/≈3025 words
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Level:
APA
Subject:
Law
Type:
Research Paper
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English (U.K.)
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Topic:

The topic is Challenges or recourse against the recognition and enforcement of an International Commercial Arbitration award (Research Paper Sample)

Instructions:
International Commercial Arbitration ASSIGNMENTS Research Paper: 50% Words: 3000 maximum The Research Paper is intended to develop independent legal research skill and analytical ability. This method of assignment enables the students to be free and innovative thinkers and the ventilators of new ideas, thereby contributing to the progressive development of the international legal regime of trade and finance In-depth research and critical analysis of relevant issues; coherent arguments; orderly presentation; and appropriate referencing, Independent, research skill, Analytical ability, Critical, analytical and integrative, thinking Innovative ideas,Commitment to continuous learning Instructions: a. Read carefully pages 5-6 of the Unit Guide for marking criteria, expectations, standards, and purpose of this assignment b. Research paper is meant to be critically analytical backed by relevant and appropriate case references and citations c. Due acknowledgements of sources, both primary and secondary, consulted and relied upon in the analysis must be made in footnotes, which should be complete/full with pin pointed page number/s and consistently styled d. Bibliography is recommended and to be presented fully and consistently Only use Australian Guide to Legal Citation 3rd Edition as a referencing. GOOD LUCK I am going to prvide you some cases and some copies page refer to the topic. Thanks source..
Content:
RESEARCH PAPER ON CHALLENGES AGAINST THE RECOGNITION AND REINFORCEMENT OF AN INTERNATIONAL COMMERCIAL ARBITRATION AWARD
Name of the Student:
Date:
OUTLINE
Introduction
Body
* Overview of the International Commercial Arbitration award
* Recognition and enforcement of an International Commercial arbitration award
* Challenges against the recognition and reinforcement of an International Commercial Arbitration award
* Recognition or enforcement of the award would be contrary to public policy
* Arbitrators had no jurisdiction in making the award
* Agreement was made under some incapacitation
* Lack of due process
* The award exceeds the submission to arbitration
* Improper arbitral procedure and lack of proper composition of arbitral tribunal
* A court has suspended an award
* Non-arbitrability
Conclusion
Bibliography
INTRODUCTION
Arbitration is a form of legal settlement carried out by a party not involved in the dispute and is done outside the court. The resolution of conflict involving the parties especially from different countries is evidenced by the issuance of an International Commercial Arbitration award. This award is meant to bind the agreement arrived at by the involved parties in the dispute. Recourses challenging the recognition and enforcement of this award have been brought to the attention of the court system .This research paper will be aimed at discussing the challenges against the recognition and enforcement of an International Commercial Arbitration award.[Christian Buhring-Uhle and Gabriele Lars Kirchhof. Arbitration and Mediation in International Business, 2nd Edition (2006).] [Ibid as consulted and relied upon in the analysis]
BODY
Overview of the International Commercial Arbitration award
International commercial arbitration involves the use of arbitrators in solving business disputes among transnational parties. It involves insertion of an arbitration clause into the business agreement involving the two parties and translates to a binding decision. International commercial arbitration has become common due to the increasing international commercial disputes. Consequently, its non judicial nature makes it a viable alternative for many foreign parties who might distrust the legal system incase of a dispute with a foreign party. Moreover, court cases in a foreign country may be expensive, complicated and time consuming. In conjunction, it may be difficult to enforce a decision rendered by a foreign court. Also, the arbitrators are agreed upon by both parties and are people who have specialized competence.[International Commercial Arbitration, May 25 2011, American Society of International Law, /erg/?page=arb.] [Ibid as consulted and relied upon in the analysis.] [Ibid.]
Arbitral awards also provide international recognition to the involved parties. This has seen more than 140 countries agree to bide by the terms of the also know as the New York...
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