Jerry Jones, billionaire United States businessman and owner, president and general manager of the Dallas Cowboys NFL team, says that there are 5 golden rules to success in sales: “first, ask for the money... and I've forgotten the other four.”One might characterise success in international arbitration in a similar way, on the claimant side at least: when push comes to shove, the rhetorical elegance of submissions leading to a favourable award count for little if that favourable award remains unsatisfied.
In an unhappy minority of international arbitration cases (albeit which appear to be increasing in statistical significance), the recipient of a favourable award faces a recalcitrant losing party. In this context, determined award creditors pivot from the arbitration process (in respect of which the tribunal will be functus officio) to enforcement in national courts via those courts’ recognition and enforcement procedures. In an English context, provided the relevant substantive and procedural hurdles are overcome, awards can be enforced as, or in the same manner as if they were, judgments of the English court. Whichever route is taken, the full panoply of enforcement measures available to a judgment creditor is available to an award creditor.