Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration
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Description
Dissatisfied parties on the losing end of an award frequently seek to have the award set aside or annulled at the seat of arbitration. However, when the challenge is successful and results in a set aside of the award, there is no guarantee that the matter is finally settled. The award winner may attempt enforcement of the award elsewhere, but the judgment winner will seek to have the set aside honoured. The courts in those jurisdictions will have to assess whether and to what extent to give effect to an award set aside at the seat. This contribution assesses whether and if so, under what circumstances a decision to set aside an arbitral award affects subsequent attempts to recognize or enforce that award in other jurisdictions. In particular, we focus on the following questions: What is the role of a court asked to recognize and enforce an award that has been set aside at the seat of arbitration? Should the court enforce the award and ignore the judgment of the foreign court? Or should it respect the decision of the foreign court and refuse to enforce the award? Alternatively, courts might consider a more flexible approach to address set asides, but any such methodology would require guidance and the identification of criteria to be applied.
Source Publication
Cambridge Compendium of International Commercial and Investment Arbitration
Source Editors/Authors
Stefan Kröll, Andrea K. Bjorklund, Franco Ferrari
Publication Date
2023
Volume Number
3
Recommended Citation
Silberman, Linda J. and Hess, Robert U., "Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration" (2023). Faculty Chapters. 1412.
https://gretchen.law.nyu.edu/fac-chapt/1412
