Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc
Case note | November 2012 | Available for purchase & free for members
The UNCITRAL Model Law (‘Model Law’) provides that an award debtor under an international arbitration award can resist enforcement (on limited grounds) in any country but can only seek to set aside the award in the country that is the seat of the arbitration. The distinction is that where the award debtor successfully resists enforcement in one country, the award is still valid and the award creditor can seek to enforce it in other jurisdictions; where a court sets aside an award, the award is said to be invalid through the world (though the practical ramifications will depend on whether courts in other countries recognize the award as having been validly set aside).
We thank the author of this case note Sanjay Basu and Kurt Stoyle and the journal editor Russell Thirgood for their contribution to this journal.