Journal of International Arbitration

Volume 30 (2013)

Volume 30 (2013) / Issue 3

Mohamed Al-Nasair, Ilias Bantekas, 'Nullity and Jurisdictional Excess as Grounds for Non-Enforcement of Foreign Awards in Bahrain and the UAE' (2013) 30 Journal of International Arbitration, Issue 3, pp. 283–301

Abstract

Both the UAE and Bahrain should be considered liberal and flexible in their enforcement of foreign arbitral awards. The imposition of obstacles to foreign awards on the basis of jurisdictional excess may be remedied if the ultra vires part of the award can be severed from the rest. An award will only exceptionally be considered null and in any event the question of nullity is dependent on the agreed terms of the contract. Unlawful contracts (particularly gharar) and the assumption of authority by the tribunal that was not granted by the express will of the parties will render an award null.

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ISSN: 0255-8106
ID: JOIA2013019