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Excess of Authority Arbitral Award and Setting Aside Arbitral Awards

  • Jianli Song,
  • Bing cheng

摘要

According to Article 5(1)(c) of the New York Convention, “The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced”. The arbitral tribunal's excess of authority award is one of the seven matters under the New York Convention in which a national court refuses to recognize and enforce an international commercial arbitration award.