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Commercial Arbitration$
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Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to University Press Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

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date: 26 May 2020

Arbitral Awards

Arbitral Awards

(p.245) Chapter 12 Arbitral Awards
Commercial Arbitration

Hong-Lin Yu

Edinburgh University Press

This chapter focuses on the enforceability of arbitral awards in Scotland. Most, if not all, arbitrating parties choosing arbitration as the means of resolving their disputes want a speedy and an efficient way to reach a binding decision between them and, ultimately, to have an enforceable arbitral award. To ensure the enforceability of an arbitral award, three issues must be addressed: procedural formalities required in the relevant arbitration laws are fulfilled; the award does not fall into the grounds for setting aside; and/or the recognition and enforcement procedures are fulfilled under the New York Convention 1958. The chapter discusses all three aspects, which are covered in Part 6 of the Scottish Arbitration Rules and in ss 11–15 and ss 18–22 of the Arbitration (Scotland) Act 2010.

Keywords:   enforceability, arbitral awards, Scotland, arbitration, procedural formalities, New York Convention 1958, Scottish Arbitration Rules, Arbitration (Scotland) Act 2010

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