EXERCISE OF RESIDUAL DISCRETION UNDER ARTICLE V OF THE NEW YORK CONVENTION BY ENFORCEMENT COURT WHEN AWARD ISALIVE,DEAD,AND UNDEAD IN SEAT

剩余裁量权的法律适用:以《纽约公约》第五条的司法实践为视角（英文）

I.SUPERVISORY COURT AND ENFORCEMENT COURT In any arbitration under the auspice of the New York Convention(hereinafter referred to as the convention),the court in the country where the award was made',commonly understood to be the seat(member-state)of arbitration,has the right to,in exercising its power to supervisearbitration activities within the seat state including the setting aside of the Convention award having been made therein(hereinafter referred to as the supervisory court).The setting aside of the Convention award is a matter of domestic law of the seat and the power of doing so is the exclusive power of the supervisory court.