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- UNITED KINGDOM 52
UNITED KINGDOM 52
High Court of Justice, Queen's Bench Division, Commercial Court, 20 January 1997
UNITED KINGDOM 52
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.
Related court proceedings: The court discusses measures in aid of arbitration (e.g., anti-suit injunction). This topic also includes the issue of the relationship between the Convention and the recognition of a foreign judgment on the validity of the arbitration agreement.
The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.