Are there any special considerations for international arbitration awards?
Yes, international arbitration awards have some special considerations. In California, awards from an international arbitration can be enforced in state courts and must comply with the rules of the International Arbitration Act of 1998. To be enforceable, an international arbitration award must be in writing and signed by the arbitrators. California law also requires that the arbitrators should include the reasons for their decision and the relevant facts and evidence they used in their decision. In addition, the international arbitration award must be recognized by the court of the country where the arbitration took place. The award must not be contrary to the law of public policy of the country, and must also not be contrary to the laws of California. If the court does not recognize the award, the award cannot be enforced in California. Finally, the international arbitration award must not be fraudulent. If the court finds evidence of fraud, the award can be overturned or set aside. In California, the court can set aside an award if it was procured as a result of duress, corruption, bribery, or fraud. For this reason, it is important that parties to an international arbitration are fully aware of their rights and obligations and follow the law when making an award.
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