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Dr Cezary Wiśniewski DIS Baltic Arbitration Days 2014 27 June 2014, Riga

Adjournment of a decision on enforcement of an award – a serious concern or a moot mechanism?. Dr Cezary Wiśniewski DIS Baltic Arbitration Days 2014 27 June 2014, Riga. Article VI of the 1958 New York Convention.

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Dr Cezary Wiśniewski DIS Baltic Arbitration Days 2014 27 June 2014, Riga

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  1. Adjournment of a decision on enforcement of an award – a serious concern or a moot mechanism? Dr Cezary Wiśniewski DIS Baltic Arbitration Days 2014 27 June 2014, Riga

  2. Article VI of the 1958 New York Convention • “If an application for the setting aside or suspension of the award has been made to a competent authority referred to in article V (1) (e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.”

  3. Prerequisites for an adjournment • Vague wording of Article VI: Ensuringthe international character of the New York Convention & leaving the standard of the adjournment to the discretion of domestic courts Lackof guidance regarding prerequisites for an adjournment • Discretionalpower of domestic courts to order an adjournment • Discretionalpower of domestic courts to order a “suitable security” • Domestic regulations governing the adjournment (for what period of time the adjournment can be granted, is the decision on adjournment final or is it subject to an appeal, when the adjournment can be lifted, in what form can the security be ordered)

  4. What are the main problems? Adjournment is not an isolated instrument: it is directly connected with setting aside proceedings

  5. Is Article VI really needed?

  6. Conclusions • Arbitral awards: finality over fairness?

  7. Any questions? Dr Cezary WiśniewskiSenior Partner Linklaters, Warsawtel. (48) 22 526 5022email: cezary.wisniewski@linklaters.com Thank you for your attention

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