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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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 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