68.1 Overview of the grounds

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ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

68.1 Overview of the grounds

Copyright © 2025 LexisNexis

| Commentary

68 Grounds for non-enforcement of a New York Convention award

Under the Arbitration Act 1996 Section 103(2), recognition or enforcement of a New York Convention award¹ shall not be refused except if the person

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C: ARBITRATION

68.2 A party to the arbitration agreement was (under the law applicable to that party) under some incapacity

68.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

68.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

68.7 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

68.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

69 Discretion to enforce an award

70 Enforcement of ICSID Convention awards

72 Enforcement of foreign awards not falling under any of the above conventions

73 State immunity from execution

74 Execution measures

75 Interim relief in aid of enforcement

76 Overview

77 Legal basis for confidentiality of arbitral proceedings

78 Scope of the obligation of confidentiality

79.1 General

79.2 Disclosure required by law

79.3 Disclosure reasonably necessary to protect legitimate interests