Resumen

ANDALUZ VEGACENTENO, Horacio. Questioning the Concept of Validity in the Recognition of Annulled Awards. Revista de Derecho de la Pontificia Universidad Católica de Valparaíso [online]. 2014, n.43, pp.585-607. ISSN 0718-6851.  http://dx.doi.org/10.4067/S0718-68512014000200016.

The recognition of the United States of an award annulled by the Mexican courts in 2013 seems to entail the implicit statement that it is legally feasible to recognise an annulled award. This statement, in itself, is a challenge to the legal concept of validity, since it means that what was declared null can, at the same time, be valid to produce legal effects. This article is aimed at unveiling the legal nature behind the recognition of the annulled awards. In order to achieve the foregoing, the article revises nine legal decisions, from 1984 to 2013, and concludes that there are three different hypotheses, each of them different in nature and none of them challenges the concept of legal validity behind the recognition of annulled awards.

Palabras clave : Convention for the Recognition and Enforcement of Foreign Arbitral Awards; Primary jurisdiction; Secondary jurisdiction; Annulled awards.

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