NY Convention Article V(1)(c): The Award Deals with a Difference not Contemplated by the Submission to Arbitration or Contains Decisions on Matters Beyond the Scope of the Submission - Chapter 5 - The Enforcement of Foreign Arbitral Awards in Russia
NY Convention article V(1)(c) and ICA Law article 36(1)(3) provide that enforcement may be denied if the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration. Both authorities further provide that partial enforcement is possible: “if the decision on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced.”1 A twoprong test is to be applied in article V(1)(c) cases. First, one determines the scope of the arbitration clause; second, one determines what matters the parties referred to the tribunal for resolution, that is, the tribunal’s mandate.2 A full analysis of the article V(1)(c) objections would require more information than in generally available from the decisions. Accordingly, the examination of the objection below is necessarily limited.