Judicial Intervention and Arbitral Awards: Expanding Human Rights Protections to International Arbitration in the Context of Enforcement Proceedings
Article from: TDM 2 (2019), in Judicial Measures and Investment Treaty Law
Judicial conduct in the enforcement of an arbitral award, if challenged, can raise a number of implications and concerns. Relying upon the UNCITRAL Model Law and the New York Convention, as well as other applicable regional treaties governing the enforcement of arbitral awards, this article will analyze the interplay between the enforcement of awards and human rights when an award is denied enforcement or is recognized by national courts. More specifically, this article addresses whether and in what circumstances States may be found liable under international law when its domestic courts ...