RECONOCIMIENTO Y EJECUCIÓN DE LAUDOS ANULADOS EN EL ESTADO DE LA SEDE ARBITRAL

Abstract

International arbitration awards may be open to judicial review by the State seat of the arbitration via annulment procedure. The New York Convention, however, does not prevent the courts of other States from recognizing and enforcing awards annulled by the State seat of the arbitration. This topic has produced a great deal of substantive discussion at the international level, with the result that Commentators and the Courts appear to propound two different positions: on the one hand, those who find themselves supporting the view that granting an exequatur of an annulled award creates a climate of uncertainty, deters international uniformity, encourages forum shopping and violates the principle of international comity, amongst other consequences; on the other hand, those who postulate for the proposition that the New York Convention do permit the recognition and enforcement of annulled awards if read guided by the principles of the most favorable law and the Courts´ use of discretional powers.