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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C: ARBITRATION

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

67.5 The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration

67.6 The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place

67.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

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

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

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

C: ARBITRATION

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

67.5 The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration

67.6 The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place

67.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

67.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

68 Discretion to enforce an award

69 Enforcement of ICSID Convention awards

70 Enforcement of Geneva Convention awards

71 Enforcement of foreign awards not falling under any of the above conventions

72 State immunity from execution

73 Execution measures

74 Interim relief in aid of enforcement

75 Overview

76 Legal basis for confidentiality of arbitral proceedings

77 Scope of the obligation of confidentiality

78.1 General

78.2 Disclosure required by law

78.3 Disclosure reasonably necessary to protect legitimate interests

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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

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

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

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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