D.G. GOLSKIY, 

Postgraduate Student of the Department of Civil Procedure 

of the Law Faculty of the Lomonosov 

Moscow State University 

The effect of setting aside of the arbitration award by the court of the place of origin remains a “white spot” in the sphere of regulation of international commercial arbitration. Questions about whether the annulment is of the absolute value for the recognizing and enforcing court, and what, in this case, happens to an award is still controversial. The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, June 10, 1958) does not provide for specific mechanisms for implementing the rules on the award be set aside by the court of its place of issuance. The author reveals two existing approaches to determining the importance of judicial control in the place of arbitration over the arbitration itself and provides examples of judicial practice. In this article, the author questions the common thesis that the set aside award is ceased to exist, and the court of the place of arbitration exercises the “primary” control over the arbitration. Summarizing, in the opinion of the author, the obvious consequences of the cancellation of the arbitral award are not so clear in practice and this issue requires detailed consideration. 

Keywords: arbitration; annulment of arbitral awards; grounds for annulment of awards; consequences of annulment; international standards of annulment; local standards of annulment.