Posted: December 4th, 2014

Abitration.

Abitration.

The tribunal issues the final award, states that the contract is terminated and orders Party B to reimburse the advance payment to Party A, plus interests and attorneys’ fees.
Party B intends to challenge the arbitration award and comes to your office to evaluate the options available. Your client asks you the following questions.
I. Where should Party 13 file its request to set aside the arbitration award? Which arguments could Party B use? What is the likeliness of success of its request?
2. Assuming that Party B’s attempt to set aside the award fails and that Party A tries to enforce the award in Germany, will Party B have a chance to challenge the award another time? Which new argument, if any, may Party B use before the German court to avoid the enforcement of the award? What would be the likeliness of success?

Question 9
In the Pepsico v. Oficinri Central case, the US District Court defers to the Venezuelan court to decide the arbitrability issue. What would be the effect of a decision by the Venezuela court that the dispute is not arbitrable? Would this decision be binding over the US court? Also, if both the Venezuelan and the US court decide that the dispute is arbitrable and refer the case to arbitration, can the arbitrators still refuse to exercise jurisdiction over the dispute?
estion 10
In the Dallah case, the UK and French courts reach completely different conclusions by analyzing the same facts. Which decision do you find more persuasive and why?

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