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Legal Briefing
If all else fails - putting post-award remedies in perspective
Practice Area: Remedies and Enforcement
Sector: Business services
Jurisdiction: England & Wales
Published: 08 December 2011
Law Firm: Baker & McKenzie
Overview
This article, courtesy of Global Arbitration Review and Baker & McKenzie, looks at three typical post-award scenarios and how France, England and Wales and Germany struggle to come to terms with them. In doing so, the following issues are studied in detail:
- Under what conditions will state courts remit awards to tribunals in particular, in view of a new provision in the 2012 ICC Rules dedicated to such remission?
- What is the effect on other jurisdictions of state court judgments given at the seat of the arbitration to either set aside or uphold the award?
- How quickly may the party that prevailed in the arbitration obtain interim relief?
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