Chapter 34 - Enforcement And Recognition In Other States - International Arbitration Law And Practice, Third Edition

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Originally from International Arbitration Law and Practice, Third Edition

PRO-ENFORCEMENT TENDENCY

34.1. Pro-Enforcement Tendency

There is a wide consensus that International Conventions have a pro-enforcement basis.

This has been stated in many precedents, amongst which is Karen:1

“Judicial policy strongly favors recognition by American courts of foreign arbitral awards. As the United States Supreme Court stated in Scherk v. Alberto-Culver Co., 417 U.S. 506, 516-517, 41 L.Ed.2d 270, 94 S.Ct. 2449 (1974), a ‘parochial refusal by the courts of one country to enforce an international arbitration agreement would … damage the fabric of international commerce and trade, and imperil the willingness and ability of businessmen to enter into international commercial agreements.”

In Kober,2 a New York Court held that

“[a]s long as there is at least a barely colorable justification for the arbitrators’ decision not to grant an adjournment, the arbitration award should be enforced.”

Table of Contents:

CHAPTER 34: ENFORCEMENT AND RECOGNITION IN OTHER STATES

Pro-Enforcement Tendency
34.1 Pro-Enforcement Tendency

Forum Shopping
34.2 No Uniform Procedural Rules for the Enforcement of Awards in the Various Jurisdictions
34.3 Nature of the Enforcement Order: A Step of the Enforcement Proceedings?

Forum Shopping
34.4 Forum Shopping
34.5 Forum Selection
34.6 Enforcement in the Absence of International Conventions
34.7 Enforcement under International Conventions
34.8 Enforcement Not Sought under International Conventions
34.9 Enforcement in Various States

Distinction between Recognition and Enforcement
34.10 Distinction between Recognition and Enforcement

Enforcement
34.11 Enforcement of the Interim Award
34.12 Enforcement of Part of the Award
34.13 Enforcement of Conflicting Decisions
34.14 Enforcement of Judgment Entered on an Award
34.15 Counterclaims and Set Offs in Recognition Proceedings
34.16 Time Bar for Enforcement
34.17 Time Limit to Enforce the Award

Opposition to Enforcement
34.18 Opposition to Enforcement
34.19 Stay of Enforcement

Recognition Proceedings
34.20 Recognition as a Counterclaim or as a Defence

Preventive Proceedings
34.21 Preventive Independent Proceedings to Establish That a Foreign Award May Not Be Recognised

Enforcement of a Set-Aside Award
34.22 Autonomy of Enforcement Proceedings from Setting Aside Proceedings
34.23 Enforcement of a Set-Aside Award

State Immunity
34.24 State Immunity from Enforcement