CEU Electronic Theses and Dissertations, 2010
| Author | Shagrdi, Manaye Abera |
|---|---|
| Title | Excess of Authority by Arbitrators as a Defense to Recognition and Enforcement under Article V (1) (c) of the New York Convention |
| Summary | Despite the vast scholarly writings on different areas of international commercial arbitration in recent years, little is said about the many issues touching upon the scope of arbitration agreement as a ground of refusal of recognition and enforcement of a convention award. The present work makes a holistic approach towards the analysis of plethora of disputes connected to arbitration agreements in a prayer for refusal of a convention award. The finding of the paper shows that the defense of excess of authority under Article V (1) (c) of the New York Convention is dependent on the way the courts of the host country interpret the arbitration agreement. Further more, through extensive case analysis coupled with review of scholarly writings, the work reveals that the defense of excess of authority by the arbitrators is unlikely to cause refusal of recognition and enforcement under the New York Convention. |
| Supervisor | Prof. Tibor Varday |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/shagrdi_manaye.pdf |
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