Failure To Specify Arbitral Seat May Result In Unenforceable Award

Failure to Specify Arbitral Seat in the Arbitration Clause May Result in Unenforceable Award

Baker McKenzie review the Taizhou Court Case from the PRC, where the Taizhou Intermediate People’s Court refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. The authors note that this outcome could have been avoided if the parties had specified a suitable arbitral seat in the arbitration clause, discuss the case and provide recommendations for avoiding such outcomes

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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