Maxi Scherer

First Page


Last Page


Document Type



This Article looks at those judgments relating to international arbitral awards (award judgments) and, more precisely, at their extraterritorial effects. It analyzes whether an award judgment rendered in one jurisdiction has effects in other jurisdictions. For instance, if the award has been set aside6 in country A, does the set-aside judgment have effects on enforcement proceedings in country B? Similarly, if country C refuses to enforce an award on the basis that the tribunal has no jurisdiction, does this have a preclusive effect on enforcement proceedings pending in country D? These questions have been addressed in a number of recent decisions around the world, including the English case of Malicorp Ltd. v. Government of the Arab Republic of Egypt and the Hong Kong decision in Astro Nusantara International BV v. PT Ayunda Prima Mitra. This Article will look at those decisions and place them in a broader context, discussing whether and to what extent award judgments should have extraterritorial effects. Part II of this Article looks at the extraterritorial effects of award judgments rendered at the seat, whereas Part ill analyzes those effects on judgments rendered elsewhere.