Commentary

67.3 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

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

67.3 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

| Commentary

67.3 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 made1

This ground for resisting enforcement of a New York Convention2 award concerns the legal validity of the arbitration agreement, which is distinct from the validity of any wider contract of which the arbitration agreement forms part3. It is for the party resisting enforcement to prove that the arbitration agreement is invalid4. This ground extends to cover situations where it is alleged that

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