Seat of arbitration and enforcement of awards

0
4076
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

The concept of the “seat of arbitration” is a well established one that is recognized by many countries, and which has a critical impact on the conduct of international arbitrations and enforcement of arbitral awards.

The seat of an arbitration refers to the legal place of the arbitration or the legal jurisdiction to which the arbitration is anchored. It determines that the arbitration law of the seat will be the lex arbitri applicable to the arbitral proceedings, and the scope and extent of the support, supervision or intervention the court in the seat of arbitration has over the arbitration. While in many cases the seat is also the place in which the hearing is conducted, the concept of the “seat of arbitration” is nowadays seen as more of a legal than geographical concept.

The choice of arbitration seat is often seen by parties as a choice between legal frameworks and arbitration laws. In a 2015 survey on international arbitration conducted by Queen Mary University of London, respondents stated that their preference for certain seats over others is premised upon certain factors, including the seat’s established formal legal structure, the neutrality and impartiality of its legal system, the national arbitration law and its track record for enforcing agreements to arbitrate and arbitral awards.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Ing Loong Yang is a partner at Latham & Watkins in Hong Kong. Desmond Gan and Tina Wang are associates at the firm in Hong Kong

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link