Abuse of the due process as a ground for non-recognition of an arbitral award under article V 1 (b) of the New York Convention
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Ημερομηνία
2023-04-25
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This dissertation was written as part of the MSc in Transnational and European
Commercial Law, Banking Law, Arbitration, and Mediation at the International Hellenic
University. My dissertation addresses the following topic the issue of the non-recognition
of an arbitral award because the party raising the objection under Article V 1(b) of the
New York Convention was deprived of its right to present its case. The first chapter
analyzes the New York Convention as the international legal instrument under which a
foreign award can be recognized and enforced. Chapter 2 examines the meaning of ‘‘due
process’’ under Article V 1(b) of the New York Convention as one reason for non recognition of arbitral awards. Chapter 3 focuses on the burden of proof and the source
of standards of procedural fairness. Chapter 4 gives emphasis to cases where national
courts have interpreted and applied Article V 1 (b) of the Convention. Finally, chapter 5
includes some special cases where the objection of Article V 1(b) is raised, and the last
chapter refers to the conclusions of my thesis
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New York Convention, Article V 1 (b), inability to present its case, recognition and enforcement of a foreign arbitral award