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

(273 Ratings)

Produced on: June 18, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

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

Faculty

Stephen Anway

Squire Patton Boggs

Stephen Anway is a partner in Squire Patton Boggs’ world-ranked international arbitration group. He spends 100% of his counsel time representing clients in major international arbitrations and has acted as counsel in some 50 international arbitration proceedings brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty.  Each spring, Mr. Anway teaches a 13-week doctrinal course on international arbitration at Case Western Reserve University School of Law, where he serves as an Adjunct Professor of Law.  

 

Mr. Anway specializes in both investment treaty arbitration and international commercial arbitration.  His investment-treaty arbitration experience includes representing the Czech Republic in three major cases in 2009, 2012, and 2013 (each worth approximately $100 million).  The Czech Republic fully defeated the claims in each of them.  More recently, he acted as counsel for Slovakia in the precedent-setting case, Achmea B.V. v. The Slovak Republic, Final Award dated 20 May 2014, in which Slovakia fully defeated the foreign investor’s claims under the Dutch-Slovak Bilateral Investment Treaty and was awarded its costs and legal fees.

 

Mr. Anway also specializes in high-stakes natural gas price review arbitrations.  In 2013, he acted as counsel in an International Chamber of Commerce (ICC) arbitration in which his client won more than $395 million.  That award followed another ICC decision in August 2012, which awarded his client $580 million.  Mr. Anway was also counsel for the winning party in two different UNCITRAL awards worth over $1 billion—one in 2005 and one in 2008.

 

Mr. Anway is the exclusive recipient of the 2014 Client Choice Award from the International Law Office (ILO) for the “Arbitration” category in New York.  In June 2013, The American Lawyer Arbitration Scorecard published its list of the 20 Largest Commercial Arbitration Awards ever captured by the publication (dating back to 2001), and Mr. Anway represented the winning party in three of them.

Reviews

PH
Paul H.

good three part program

LA
L. Obii A.

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

VG
Varun G.

Another excellent seminar.

PD
paul d.

best ive seen on lawline

JR
Jenik R.

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

KP
Keith P.

Excellent course

SW
Steven W.

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

RM
Robert M.

Nice explanation of the difference in each jurisdiction and why.

PW
peter w.

great content and presentation

JK
Jonathan K.

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

PS
Patrick S.

All 3 of these courses were very good.

JM
James M.

Speaker does a very good job.

RR
Rebecca R.

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

JK
Jane K.

Excellent clear presentation. Thank you.

FP
Frank P.

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

AS
Alan S.

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

PM
Pamela M.

The entire three part series is excellent. Highly recommended.

PM
Peter M.

superb

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