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Arbitration

KKrrish3y ago
Sir the un model law states that Application of setting aside procedure can only be made in state where award was made Bpp states The setting aside procedure is effective in all states. What's the difference
MMikeLittleTutor3y ago#1
My interpretation of those two quotes is that setting aside is only available in the state in which the award was made (quote 1) but that all states adhere to that principle. If you get an award in Italy, you may only ask for it to be set aside in Italy. If you were to get an award in France, France would also adhere to the principle that only in France could you successfully apply for a set aside. All the signed-up states respect this principle - that set aside is available only in the state that granted the award. Does that make sense now?
KKrrish3y ago#2
Ok sir And enforcement can be made in court of any state no matter where award was made Right?
MMikeLittleTutor3y ago#3
This video ... https://www.bing.com/videos/search?q=enforcement+of+an+arbitration+award&docid=608052148644443217&mid=C35EC9078CF9D74FB182C35EC9078CF9D74FB182&view=detail&FORM=VIRE tells us that enforcement will normally take place in the state where the losing party has sufficient assets to cover the debt. So, yes, your comment in your most recent post appears to be correct.
KKrrish3y ago#4
Sir kindly explain me article 42 of unccisg
MMikeLittleTutor3y ago#5
Which particular part of Article 42 are you unsure about? Here it is, in full: Article 42 (1) The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property: (a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods would be resold or otherwise used in that State; or (b) in any other case, under the law of the State where the buyer has his place of business. (2) The obligation of the seller under the preceding paragraph does not extend to cases where: (a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim; or (b) the right or claim results from the seller’s compliance with ­technical drawings, designs, formulae or other such specifications furnished by the buyer
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