Should Malaysia Adopt the French Solution Concerning the Recognition of Annulled Awards?
The principle of recognition of annulled awards is highly debated in International Arbitration. The international framework on this point is divided.
In the belief that it allows to give to Arbitration its full effect, French legislation recognizes in France the awards annulled at the seat of the arbitration. However, this position is rather isolated in comparative law. As an example, the Malaysia Arbitration Act provides that the award cannot be recognized if it has been set aside or suspended.
Therefore, which legal system is preferable according to recognition of awards? Which is more favorable to Arbitration? What are the issues concerning State sovereignty or International diplomacy? What are the issues regarding the standardization of International Arbitration? Ultimately, should Malaysia follow the French solution in this matter?
Presenter: Professor Christophe Seraglini
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