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- Title
INTERNATIONAL UNITED NATIONSCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS MOTION TO VACATE ARBITRATION AWARD LEGAL COSTS--INTERNATIONAL CHAMBER OF COMMERCE.
- Abstract
The article evaluates the court case Compagnie des Bauxites de Guinee v. Hammermills, which deals with issues pertaining to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Compagnie des Bauxites de Guinee was a part to a contract with Hammermills. The contract, which contained an arbitration clause, was for the purchase of ore-crushing and handling equipment manufactured by Hammermills for use at Compagnie's bauxite-crushing facility in Guinea. Compagnie subsequently initiated arbitration proceedings against Hammermills, alleging that it had breached the contract. The arbitration was conducted pursuant to the rules of the International Chamber of Commerce (ICC). The arbitrator submitted his draft award to the ICC Court for approval. The award denied Compagnie's claim in its entirety. After the ICC Court approved the draft award, the arbitrator added an assessment against Compagnie of Hammermills legal costs. Compagnie moved to have the portion of the award granting Hammermills legal cost vacated. The court held that an arbitrator's addition of legal costs after the award received ICC approval was not a sufficient ground for vacatur under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Subjects
ARBITRATION &; award; ENFORCEMENT; CONTRACTS; CIE. des Bauxites de Guinee SA; INTERNATIONAL Paper Co.; LEGAL judgments; ACTIONS &; defenses (Law)
- Publication
Arbitration Journal, 1992, Vol 47, Issue 4, p69
- ISSN
0003-7893
- Publication type
Article