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This determination suggests that an English courtroom might, however, give impact to an enforcement choice rendered in a country other than the seat of the arbitration on matters other than arbitrability and public coverage. Eventually, the English Court of Appeal held that the Dutch determination was not preclusive, because it relied on a willpower about whether or not the Russian setting-aside proceedings have been consistent with Dutch public policy, whereas the problem in the English proceedings was whether the proceedings were consistent with English public coverage. As explained previously, the logic that purports to offer an international reach to a decision setting aside an award on the seat of the arbitration is that it fails to explain why a call refusing to put aside an award at the seat doesn’t have the same effect. Rather than make a determination on the award itself based on English public coverage, the English Court of Appeal engaged in a long dialogue over whether or not the Dutch decision on the impartiality of the Russian courtroom proceedings gave rise to problem estoppel.
He furthered his studies at Nottingham Law School to complete his Bar Professional Training Course and was called to the English and Wales Bar by the Honourable Society of Lincoln’s Inn. Jeremy earned his law degree from the University of Liverpool, United Kingdom. Alvin is presently serving on the Executive Committee of the Sabah Law Society («SLS») and is also the Chairman of its Subcommittee for Civil Practice, and has represented the SLS and the Disciplinary Board in varied issues up to the Federal Cour Legal ExperienceAuthorized Experiencelegal experienceLawyer Kota KinabaluLawyer Kota Kinabalu
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Three examples of such manipulation in worldwide arbitration, which I look at beneath, are the worldwide reach of a decision setting aside an arbitral award on the seat of the arbitration (Subsection II.A), the Dallah case (Subsection II.B), and the lack of consistency in investment arbitration (Subsection II.C). Lawyers are often tempted to govern the value of harmony so as to reach a sure end result or promote a sure ideology. In international arbitration, the complexity is even higher, and attempts at attaining harmony are much more illusory. Paradoxically, these similar lawyers posit that if an award has not been set aside on the seat of the arbitration, the courts of the place of recognition and enforcement could nonetheless refuse enforcement of such an award.