Comments on: Refusing the enforcement of awards – where discretion ‘may’ be exercised http://kluwerarbitrationblog.com/blog/2009/07/23/refusing-the-enforcement-of-awards-%e2%80%93-where-discretion-%e2%80%98may%e2%80%99-be-exercised/ An optional catch phrase or slogan goes here Thu, 29 Jul 2010 09:42:06 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Sergey Usoskin http://kluwerarbitrationblog.com/blog/2009/07/23/refusing-the-enforcement-of-awards-%e2%80%93-where-discretion-%e2%80%98may%e2%80%99-be-exercised/comment-page-1/#comment-6869 Sergey Usoskin Wed, 12 Aug 2009 11:25:53 +0000 http://kluwerarbitrationblog.com/?p=996#comment-6869 The Russian text of Article 5 is permissive, i.e. it provides that the enforcement "may be refused" (literal translation). The Russian text of Article 5 is permissive, i.e. it provides that the enforcement “may be refused” (literal translation).

]]> By: Mark Kantor http://kluwerarbitrationblog.com/blog/2009/07/23/refusing-the-enforcement-of-awards-%e2%80%93-where-discretion-%e2%80%98may%e2%80%99-be-exercised/comment-page-1/#comment-6754 Mark Kantor Wed, 05 Aug 2009 19:54:52 +0000 http://kluwerarbitrationblog.com/?p=996#comment-6754 Phillip, For those of us from English-speaking countries, it is worth noting that the texts of the New York Convention in Spanish, French, Chinese and Russian are equally authentic with the English text. The French text uses the phrase "La reconnaissance et l'exécution de la sentence ne seront refuses", which is often translated as "will be refused." On its face, that phrase appears less discretionary than the English text, although certain French cases permit a court to decline to enforce a Convention award. The Spanish text says "Sólo se podrá denegar el reconocimiento y la ejecución de la sentencia"; the common English translation of "can be refused" appears more discretionary. The Russian and Chinese texts are beyond my capabilities, but it would be interesting to know if they tend towards the discretionary or mandatory choice of phrasing. Regards, MK Phillip,

For those of us from English-speaking countries, it is worth noting that the texts of the New York Convention in Spanish, French, Chinese and Russian are equally authentic with the English text.

The French text uses the phrase “La reconnaissance et l’exécution de la sentence ne seront refuses”, which is often translated as “will be refused.” On its face, that phrase appears less discretionary than the English text, although certain French cases permit a court to decline to enforce a Convention award. The Spanish text says “Sólo se podrá denegar el reconocimiento y la ejecución de la sentencia”; the common English translation of “can be refused” appears more discretionary. The Russian and Chinese texts are beyond my capabilities, but it would be interesting to know if they tend towards the discretionary or mandatory choice of phrasing.

Regards,

MK

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