Investor-State Dispute Settlement and National Courts by Gabrielle Kaufmann-Kohler & Michele Potestà

Author:Gabrielle Kaufmann-Kohler & Michele Potestà
Language: eng
Format: epub
ISBN: 9783030441647
Publisher: Springer International Publishing

In reviewing an investment award under the NYC, domestic courts, including Swiss courts, will be bound by the exclusive grounds for non-recognition and non-enforcement listed in Article V of the Convention. Article V NYC includes grounds that relate to the tribunal’s jurisdiction, namely the validity of the arbitration agreement, including arbitrability, form, and the parties’ capacity to submit to arbitration, as well as grounds covering the fundamental principles of procedure, irregularities in the tribunal’s composition, ultra petita awards, and public policy.

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