International Commercial Arbitration (Part 3): Judicial Control over International Arbitral Awards

Production Date: June 18, 2014 Practice Areas: Alternative Dispute Resolution and International Law Estimated Length: 3663 minutes

$59

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This program is the third in a multiple part curriculum on international commercial arbitration.  In contrast to the first two parts of the curriculum—the first concerning which threshold issues can be addressed by courts at the outset of the process and the second concerning the arbitral process itself—this third part focuses on the end of the process: the arbitral award and judicial control over it.

 

While self-contained finality is one of the (yet unrealized) goals of international arbitration, the reality is that national courts have a certain degree of control over international arbitral awards.  There are essentially four contexts in which national courts may review an international arbitral award:

 

  1. The winning party seeks to confirm the award in the country in which the award was made;
  2. The losing party seeks to set aside/vacate the award in the country in which the award was made;
  3. The winning party seeks recognition and enforcement of the award in any country other than the one in which the award was made, especially in the 149 countries that have adopted the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”); and
  4. The losing party opposes recognition and enforcement in a country in which the winning party has relied on the New York Convention.

 

In this course, Mr. Anway discusses the major aspects of judicial control over international arbitral awards, including:

 

  • general rules concerning when international arbitral awards should be confirmed, set-aside/vacated, recognized and enforced, or refused recognition and enforcement;
  • whether confirmation of the award in the “home” jurisdiction—i.e., the jurisdiction of origin—is required before it is enforced abroad (so-called “double-exequatur”);
  • whether an international arbitral award continues to exist independently (and thus capable of enforcement elsewhere) after a national court issues an order merging the award into a local court judgment;
  • how to resolve parallel proceedings in different countries—usually where a set-aside/vacatur action is pending in the jurisdiction in which the award was made and an enforcement/recognition action is pending in a national court of a different country; and
  • whether a foreign court can recognize and enforce a foreign arbitral award that has been vacated by a court in the jurisdiction in which the award was made.

 

Mr. Anway discusses each of these topics in detail, providing an in-depth discussion of the New York Convention and the worldwide system of enforcement that it provides for international arbitral awards.

 

 

Learning Objectives:

I.    Understand worldwide system of enforcement provided by the New York Convention and why it allows arbitral awards to “travel” better than court judgments

II.   Become familiar with the grounds on which arbitral awards can be set-aside/vacated or refused recognition and enforcement

III.  Grasp the standards of review to be applied in national court actions regarding foreign arbitral awards

IV.  Know the procedural tools for dealing with parallel court proceedings concerning an international arbitral award

V.   Learn the basic procedure and legal effects of a merger of a foreign arbitral award into a local court judgment

Paul H.
New York, NY

good three part program

L. Obii A.
Houston, TX

This course was very well presented. I enjoyed all three parts.

Varun G.
Nedlands, WA

Another excellent seminar.

paul d.
Houston, TX

best ive seen on lawline

Jenik R.
New York, NY

as I have said before for other lectures, he sets the standard. He is excellent.

Keith P.
Lexington, KY

Excellent course

Steven W.
San Jose, SJ

Prof. Anway uses a law-school-like case study and analysis approach to the subject he presents, and he is very good at it.

Robert M.
Woodbridge, VA

Nice explanation of the difference in each jurisdiction and why.

peter w.
Gladwyne, PA

great content and presentation

Jonathan K.
Camas, WA

this is a very important topic, and the speaker really knows his stuff

Patrick S.
Hillsboro, OR

All 3 of these courses were very good.

James M.
Denver, CO

Speaker does a very good job.

Rebecca R.
Winter Garden, FL

This is probably the best Lawline class I have taken so far.

Jane K.
San Francisco, CA

Excellent clear presentation. Thank you.

Frank P.
Southlake, TX

Enjoyed this overview of international arbitration. I was involved in an international arbitration years ago and this was a good refresher.

Alan S.
New York, NY

Excellent. Mr. Anway did not "hold-back" as many practioners seem to do. And, he did not try to cover too much, so that the topic was completely covered. Thank you. I will now listen to alll of his ohter courses even though I have completed my CLE requ

Pamela M.
Chicago, IL

The entire three part series is excellent. Highly recommended.

Peter M.
Jersey City, NJ

superb