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

1h 1m

Created on June 18, 2014

Intermediate

Overview

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

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