A Study On The Unenforceability Of The Arbitration Award That Has Been Revoked

With the economic and social development, the law, as a part of the social superstructure, has gradually broken through national boundaries, which is so-called extraterritorial effect of law. In other words, the so-called extraterritorial effect of law refers to the situation that the law can come into effect outside the jurisdiction of the country. From the perspective of sovereignty, the law of a country can only be applicable in their domestic jurisdiction. No country has any authority to make their domestic laws be binding in other countries, and a country has no obligation to enforce the law of other countries. In the specific correlativity of the law, if a country wants to make their domestic laws be binding in other countries, they should first make other countries recognize their laws.As for the arbitration award that has been revoked, its extraterritorial effect is reflected in whether it is able to be recognized and enforced in other countries. Although "New York Convention" has already taken adjudication that has been revoked as a reason to refuse to recognize and enforce the adjudication, it uses an optional word "may", which makes it possible to recognize and enforce the revoked arbitration award. If this adjudication can get the recognition and enforcement of other countries, even if it has already been revoked, it still has the extraterritorial effect. If not, it means that the revoked adjudication has no extraterritorial effect.The author believes that a country cannot enforce other countries’ arbitration award which has been revoked, except for very few conditions. These few conditions mean that the country of seat of arbitration has not effectively revoked the adjudication so that it does not lose the effectiveness radically. However, the arbitration award that has been revoked cannot be enforced in other countries for the following reasons. First of all, one cannot get the meaning that the wording "may" in paragraph1, Article5of "New York Convention" has the semantic of authorization. Secondly, France, who has already enforced the decision of arbitration award, has been criticized by multi-territories. The fact tells us that this behavior is not sensible. Thirdly, the existence of arbitration award revocation system is necessary, and it is reasonable for the court of the seat of arbitration to conduct the right of supervision on the adjudication. Moreover, the validity of the arbitration award is from the domestic law. The national court may revoke the arbitral award at any time. Certainly, it may be not be recognized by other countries as the arbitration award will completely lose its legal effect.