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

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

| Commentary

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

| Commentary

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 made¹

It is for the courts to determine whether the award has become ‘binding’ for the purpose of this ground². A party resisting enforcement on the ground that the award has been set aside or suspended may do so only once the award has been set aside or suspended, not while an application for set-aside or suspension is pending³. However, while such an application is

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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

67.7 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

67.7 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 made¹

C: ARBITRATION

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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67.7 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

67.7 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

67.7 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 made1

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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 made¹