Ascertaining the effect of the seat of arbitration on the arbitral award

Abstract

This paper ascertained the effect of the seat of arbitration on the arbitral award using Article VII of the New York Convention as a  reference point. The paper on the one hand examined the implication of Article V (1) (e) that gives the national court the discretion to  enforce an award that has been set aside and on the other hand, the use of domestic standard(s) to either set aside an award. The paper adopted doctrinal research method. It was discovered that there no clear-cut doctrinal leadership under the Convention framework and  in the arbitration jurisprudence of a few jurisdictions regarding the foregoing issues. It thus recommended theoretical guidance by way  of a hybrid approach. This approach refers to the combined application of Articles V (1) (e) and VII of the Convention to protect the  integrity of the arbitral award. The approach ultimately reconciles the territorialism/seat theory and delocalization theory of arbitration.