Skip to main content Accessibility help
×
Home
Hostname: page-component-6c8bd87754-xvt4m Total loading time: 0.272 Render date: 2022-01-19T07:11:22.005Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Chapter Ten - Enforcement of the Award

Published online by Cambridge University Press:  05 June 2012

Margaret L. Moses
Affiliation:
Loyola University, Chicago
Get access

Summary

In many instances, a losing party will voluntarily comply with an arbitration award, so enforcement proceedings will not be necessary. If, on the other hand, the prevailing party is required to initiate judicial enforcement because of the recalcitrance of the losing party, the good news is that the award is likely to be enforced. One of the prime reasons parties include an arbitration clause in an international contract is the relatively certain enforceability of the award. The likelihood of enforcement is high because so many countries have adopted international conventions that are pro-enforcement – that is, they provide only narrow grounds for refusing to enforce. This chapter discusses some of the issues and procedures pertinent to recognition and enforcement of awards under international conventions and various national laws, as well as the limited grounds for refusing enforcement.

APPLICATION OF INTERNATIONAL CONVENTIONS

The Convention on Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, requires courts of Contracting States to enforce both arbitration agreements and arbitration awards. Currently, more than 145 countries are parties to the New York Convention. The New York Convention has contributed to the growth of international arbitration because parties in Contracting States are confident that if they prevail in an arbitration, they will obtain a remedy. A 2005 study noted that for corporate counsel, the most important reason for choosing arbitration over litigation to settle disputes was the enforceability of awards. Because the New York Convention is the predominant arbitration enforcement convention, this chapter focuses primarily on its function, requirements, and effect.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Mistelis, LoukasInternational Arbitration-Corporate Attitudes and Practices – 12 Perceptions Tested: Myths, Data and Analysis Research Report 15 2005
2009
2002
Park, William W.Yanos, Alexander A.Treaty Obligations and National Law: Emerging Conflicts in International Arbitration 58 279 2006
Neuhaus, Joseph E.Current Issues in the Enforcement of International Arbitration Awards 36 27 2004
International Commercial Disputes Committee of the Association of the Bar of the City of New YorkLack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of Foreign Arbitral Awards 15 417 2004
Diaz-Pedrosa, AristidesShaffer's Footnote 36 2006
Kerr, Michael 1997
Finke, JasperSovereign Immunity: Rule, Comity or Something Else? 21 2010
2002
2002
2003
Redfern, Hunter, 2009
2010
Jan van den Berg, Albert 1994
Born, Gary B. 2009
Sampliner, Gary H. 1996
Gharavi, Hamid G.Enforcing Set Aside Arbitral Awards: France's Controversial Steps beyond the New York Convention 6 1996
Smit, HansPechota, Vratislav 2002
Gaillard, EmmanuelThe Enforcement of Awards Set Aside in the Country of Origin 14 35 1999
McConnaughay, Philip J.The Risks and Virtues of Lawlessness: A ‘Second Look’ at International Commercial Arbitration 93 1999
Drahozal, Christopher R.Friel, Raymond J.Consumer Arbitration in the European Union and the United States 28 2002
Sternlight, Jean R.Is the U.S. Out on a Limb? Comparing the U.S. Approach to Mandatory Consumer and Employment Arbitration to that of the Rest of the World 56 2002
Sternlight, Jean R.Mandatory Binding Arbitration and the Demise of the Seventh Amendment Right to a Jury Trial 16 2001
Henderson Bouzari, EloiseThe Public Policy Exception to Enforcement of International Arbitral Awards, Implications for Post-NAFTA Jurisprudence 30 217 1995

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Enforcement of the Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.012
Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

  • Enforcement of the Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.012
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Enforcement of the Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.012
Available formats
×