| Commentary

67.1 Overview of the grounds

| Commentary

67 Grounds for non-enforcement of a New York Convention award

67.1 Overview of the grounds

Under the Arbitration Act 1996 Section 103(2), recognition or enforcement of a New York Convention award1 shall not be refused except if the person against whom it is invoked proves that2:

  1. 67.1.1

        a party to the arbitration agreement was (under the law applicable to him) under some incapacity;

  2. 67.1.2

        the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made;

  3. 67.1.3

        he was not given proper

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