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- This topic has 5 replies, 2 voices, and was last updated 3 weeks ago by MikeLittle.
- February 20, 2023 at 11:57 am #679230
Sir the un model law states that
Application of setting aside procedure can only be made in state where award was made
The setting aside procedure is effective in all states.
What’s the differenceFebruary 20, 2023 at 1:49 pm #679236
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?February 21, 2023 at 6:04 am #679304
And enforcement can be made in court of any state no matter where award was made
Right?February 21, 2023 at 7:23 am #679306
This video …
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.February 21, 2023 at 11:49 am #679333
Sir kindly explain me article 42 of unccisgFebruary 21, 2023 at 7:58 pm #679357
Which particular part of Article 42 are you unsure about?
Here it is, in full:
(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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