𝗧𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁 𝘁𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗦𝗲𝘁 𝗔𝘀𝗶𝗱𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗔𝘄𝗮𝗿𝗱𝘀. The P | Vis Moot

𝗧𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁 𝘁𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗦𝗲𝘁 𝗔𝘀𝗶𝗱𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗔𝘄𝗮𝗿𝗱𝘀.

The Paper on "𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝗩(𝟭)(𝗲) 𝗼𝗳 𝘁𝗵𝗲 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗖𝗼𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻: 𝗧𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁 𝘁𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗦𝗲𝘁 𝗔𝘀𝗶𝗱𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗔𝘄𝗮𝗿𝗱𝘀?" by Dr Crina Baltag, FCIArb was published in the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, Volume 39, Issue 3 (2022) pp. 397 – 410 - available here

Takeaways from this paper:

• in 10% of offensive enforcement actions, the defendant raised the argument under Article V(1)(e) of the New York Convention that the award was set aside at the seat;

• in only 34% of these cases has the court upheld the defendant’s argument;

• the Netherlands: the set aside exception was raised in approximately 64% of the enforcement cases, and upheld in 35% of the cases;

• the United States: the set aside exception was raised in 50% of the enforcement cases, and upheld in 50% of the cases ;

• England and Wales: the set aside exception was raised in 25% of the enforcement cases, and upheld in 75% of the cases.

• French courts would generally enforce arbitral awards which are set aside, as it has recently done so in 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤 𝘰𝘧 𝘉𝘦𝘯𝘪𝘯 𝘷. 𝘚𝘎𝘚 𝘊𝘰𝘮𝘱𝘢𝘯𝘺 – 𝘎𝘦𝘯𝘦𝘳𝘢𝘭 𝘚𝘶𝘳𝘷𝘦𝘪𝘭𝘭𝘢𝘯𝘤𝘦 𝘚𝘰𝘤𝘪𝘦𝘵𝘺 𝘚𝘈.

The dataset is available to public - here

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