EU Law and Practice Contributed by: Nathalie Colin, Florence Frühling and Niels Depaepe, Freshfields
Where the New York Convention applies, recogni - tion and enforcement of an arbitral award may still be denied based on a limitative list of refusal grounds, including that: • the parties were under some incapacity to enter into the arbitration agreement or the agreement is invalid; • the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present its case; • the award deals with matters that were not submit- ted to arbitration;
• the composition of the arbitral authority or the arbitral procedure was not in accordance with the parties’ agreement or the law where the arbitration took place; • the award has not yet become binding on the par - ties or has been set aside or suspended; • the subject matter is not capable of settlement by arbitration under the law where recognition and enforcement are sought; and • the recognition or enforcement of the award would be contrary to the public policy of the country where such recognition or enforcement is sought.
179 CHAMBERS.COM
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