Journal of Enforcement of Arbitration Awards
The ideal of arbitration is the full and final resolution of disputes privately. However, collecting on awards can sometimes require years of enforcement litigation, as parties increasingly use the coercive powers of national courts to give effect to or frustrate arbitrations and arbitration awards. Similarly, the growing market for third-party investment in unpaid or distressed arbitration awards suggests that more awards may go unsatisfied.
The Journal of Enforcement of Arbitration Awards, along with its annual conference series, aims to create the leading forum for inter-disciplinary analysis and dialogue on enforcement-related issues. It combines academic excellence with practical relevance for parties to international arbitrations, their legal and technical advisors, and governmental, academic, and investment communities. It aims to address the full global scope and diversity of these communities beyond only the traditional legal, academic, and financial centers.
Tables of Contents and articles from each Enforcement journal are linked below:
VOLUME 3, NO. 1 2020
PDF of Title Page and Table of Contents
Articles
Hunting Babar: Award Enforcement and Kleptocratic Assets
Timothy G. Nelson
Post-Award Relief in Sweden: Finality of Arbitral Awards and Harmonization between Challenges and Enforcement
Fredrik Ringquist, Robin Rylander and Sara Bengtson
Enforcement of Intra-EU BIT Arbitral Awards Post-Achmea: Hurdles and Opportunities
David Sandberg and Jacob Rosell Svensson
Case Note
Yegiazaryan v. Smagin, 599 U.S. 533 (2023)
Michael Sullivan
VOLUME 2, NO. 2 2019
PDF of Title Page and Table of Contents
Articles
Belt and Road Disputes and the Enforcement of Arbitration Awards
Guilherme Rizzo Amaral and Luis Alberto Salton Peretti
Enforcement’s “Coming Home” - Remember Qatar? Pre-World Cup Optimism for the Recognition and Enforcement of Arbitral Awards
William Frain-Bell
Forcing the Straits: The Corfu Channel Judgment and Britain’s Failed Attempt to Enforce It by Seizing Albania’s Lost Monetary Gold
Timothy G. Nelson
Challenging Arbitrary Arbitration Awards in Switzerland
Dmitry A. Pentsov
Case Note
VOLUME 2, NO. 1 2019
PDF of Title Page and Table of Contents
Articles
An English Freezing Injunction – A Nuclear Weapon That Requires Careful Handling
Angeline Welsh
The Benelux: A Paradise for Enforcement of Arbitral Awards
Stan Brijs, Kasper Krzeminski, and Antoine Laniez
A Wolf in Sheep’s Clothing?
Lucy Keane
Enforcement of Foreign Arbitral Awards in India: Past, Present and Future
Omar Ahmad, Shashank Garg, and Vikram Shah
VOLUME 1, NO. 2 2018
PDF of Title Page and Table of Contents
Articles
Securing Enforcement of Arbitral Awards - The Problem(s) with Non-Parties
James Woolrich
The Recognition and Enforcement of International Arbitral Awards - Is there a “Pro-Enforcement Bias” in the English Courts?
Angela T. Grahame and David R. Parratt
Attachment of Assets in Switzerland
Dmitry A. Pentsov
Recognition and Enforcement of Foreign Arbitral Awards in China
Jerry Zhang and Stephanie Yang
VOLUME 1, NO. 1 2018
PDF of Title Page and Table of Contents
Articles
A Broader Trend towards Recognition and Enforcement of Foreign Judgments in China
Frank Li, Emily Yuan, and Yulong Lai
Enforcement of Arbitral Awards in Malaysia: A Practical Guide
Sundra Rajoo
Recognition and Enforcement of Arbitral Awards in the United Kingdom
Angela Grahame
Enforcement of Arbitral Awards after Achmea
Anna Stier
Asset Tracing and Recovery of Cryptocurrencies
Benjamin J.A. Sauter and Jake Chervinsky
Enforcement and Satisfaction of International Arbitral Awards: The Endgame
J.P. Duffy
Case Note
Taurus Petroleum Ltd v. State Oil Marketing Co. of the Ministry of Oil, Republic of Iraq
Derek P. Auchie
Executive Editors
Lawrence W. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters. Mr. Newman is the editor, co-editor and co-author of several books on international litigation and arbitration, including Enforcement of Foreign Judgments (three volumes), Attachment of Assets (two volumes), Litigating International Commercial Disputes, Checklists of International Arbitration (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration and Soft Law in International Arbitration and was co-editor of the first edition of this book. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal.
Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar, and thereafter, the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and is a member of the Advisory Committee of the Restatement of International Arbitration of the American Law Institute. Mr. Newman is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators, where he is a member of its Practice and Standards Committee and Chairman of its Arbitration Subcommittee. He was an Adjunct Associate Professor at Fordham Law School, teaching a course on International Arbitration. He has been, since 2000, the Chairman of the International Arbitration Club of New York. Mr. Newman is a frequent speaker on international arbitration and litigation and is the co-founder of the Leading Arbitrators’ Symposia on the Conduct of International Arbitration, which have been held annually for the past 14 years in Vienna, and of the “Take the Witness” seminars on cross-examination in international arbitration, which have been held in in Paris, New York, Vienna and Venice. Mr. Newman has been listed as a highly-rated lawyer in various national and international directories of lawyers and is listed in numerous editions of Who’s Who. He is a graduate of Harvard College and Harvard Law School.
Timothy G. Nelson is a Partner in the International Litigation and Arbitration practice of Skadden, Arps, Slate, Meagher & Flom. Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL). Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods. Mr. Nelson has been involved in litigation arising under the US Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process. Additionally, Mr. Nelson regularly advises sovereign and corporate clients on public international law issues, including under multilateral treaties, such as NAFTA; the Energy Charter Treaty (ECT) bilateral investment treaties (BITS); and other international trade/investment agreements. Before joining the firm in 2000, Mr. Nelson practiced as a commercial litigation attorney at major law firms in England and Australia. He has been selected as a leading lawyer in Chambers Global, Chambers USA, Chambers Latin America and Who’s Who Legal – Arbitration. Mr. Nelson also was selected by Benchmark Litigation as a 2016 “Benchmark Litigation Star.” He also is a prize winner of the 2013 ILO Client Choice Awards in the New York arbitration category and the Burton Award for legal writing. Mr. Nelson is a member of the American Society of International Law and the International Law Association, and a fellow at the Australian Centre for International Commercial Arbitration. He is admitted to practice in New York, New South Wales, and England and Wales.
Managing Editors
Derek P. Auchie, Faculty of Law, University of Aberdeen, Aberdeen, Scotland
Marcus Green, Kobre & Kim, New York, NY
Wieger Wielinga, Omni Bridgeway, Amsterdam, The Netherlands
Editorial Director
Elizabeth A. (Betsy) Hellmann, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY
Editorial Advisory Board
Prof. Mohamed S. Abdel Wahab, Zulficar & Partners, Cairo, Egypt
Prof. Ronald A. Brand, Faculty of Law, University of Pittsburgh, Pennsylvania
Elliott Geisinger, Schellenberg Wittmer Ltd, Geneva, Switzerland
Ben Giaretta, Mishcon de Reya, London, England
Prof. Stefan Kröll, Director of the Center for International Dispute Resolution, Bucerius Law School, Hamburg, Germany
Alexander Layton Q.C., 20 Essex St Chambers, London, England
Jean Marguerat, Froriep, Geneva, Switzerland
Robin Oldenstam, Mannheimer Swartling, Stockholm and Gotherburg, Sweden
Prof. David Parratt, QC, Faculty of Advocates and University of Aberdeen, Edinburgh, Scotland
Dimitry Pentsov, Froriep, Geneva, Switzerland
Prof. Luca Radicati di Brozolo, Faculty of Law, Università Cattolica di Milano, Italy
Prof. Cedric Reyngaert, University of Utrecht, The Netherlands
Prof. Linda Silberman, Faculty of Law, New York University, New York
Dr. Franz Stirnimann, Froriep, Geneva, Switzerland
Christopher Weil, Mintz Group, Washington, D.C.
Executive Editors
Lawrence W. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters. Mr. Newman is the editor, co-editor and co-author of several books on international litigation and arbitration, including Enforcement of Foreign Judgments (three volumes), Attachment of Assets (two volumes), Litigating International Commercial Disputes, Checklists of International Arbitration (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration and Soft Law in International Arbitration and was co-editor of the first edition of this book. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal.
Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar, and thereafter, the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and is a member of the Advisory Committee of the Restatement of International Arbitration of the American Law Institute. Mr. Newman is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators, where he is a member of its Practice and Standards Committee and Chairman of its Arbitration Subcommittee. He was an Adjunct Associate Professor at Fordham Law School, teaching a course on International Arbitration. He has been, since 2000, the Chairman of the International Arbitration Club of New York. Mr. Newman is a frequent speaker on international arbitration and litigation and is the co-founder of the Leading Arbitrators’ Symposia on the Conduct of International Arbitration, which have been held annually for the past 14 years in Vienna, and of the “Take the Witness” seminars on cross-examination in international arbitration, which have been held in in Paris, New York, Vienna and Venice. Mr. Newman has been listed as a highly-rated lawyer in various national and international directories of lawyers and is listed in numerous editions of Who’s Who. He is a graduate of Harvard College and Harvard Law School.
Timothy G. Nelson is a Partner in the International Litigation and Arbitration practice of Skadden, Arps, Slate, Meagher & Flom. Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL). Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods. Mr. Nelson has been involved in litigation arising under the US Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process. Additionally, Mr. Nelson regularly advises sovereign and corporate clients on public international law issues, including under multilateral treaties, such as NAFTA; the Energy Charter Treaty (ECT) bilateral investment treaties (BITS); and other international trade/investment agreements. Before joining the firm in 2000, Mr. Nelson practiced as a commercial litigation attorney at major law firms in England and Australia. He has been selected as a leading lawyer in Chambers Global, Chambers USA, Chambers Latin America and Who’s Who Legal – Arbitration. Mr. Nelson also was selected by Benchmark Litigation as a 2016 “Benchmark Litigation Star.” He also is a prize winner of the 2013 ILO Client Choice Awards in the New York arbitration category and the Burton Award for legal writing. Mr. Nelson is a member of the American Society of International Law and the International Law Association, and a fellow at the Australian Centre for International Commercial Arbitration. He is admitted to practice in New York, New South Wales, and England and Wales.
Managing Editors
Derek P. Auchie, Faculty of Law, University of Aberdeen, Aberdeen, Scotland
Marcus Green, Kobre & Kim, New York, NY
Wieger Wielinga, Omni Bridgeway, Amsterdam, The Netherlands
Editorial Director
Elizabeth A. (Betsy) Hellmann, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY
Editorial Advisory Board
Prof. Mohamed S. Abdel Wahab, Zulficar & Partners, Cairo, Egypt
Prof. Ronald A. Brand, Faculty of Law, University of Pittsburgh, Pennsylvania
Elliott Geisinger, Schellenberg Wittmer Ltd, Geneva, Switzerland
Ben Giaretta, Mishcon de Reya, London, England
Prof. Stefan Kröll, Director of the Center for International Dispute Resolution, Bucerius Law School, Hamburg, Germany
Alexander Layton Q.C., 20 Essex St Chambers, London, England
Jean Marguerat, Froriep, Geneva, Switzerland
Robin Oldenstam, Mannheimer Swartling, Stockholm and Gotherburg, Sweden
Prof. David Parratt, QC, Faculty of Advocates and University of Aberdeen, Edinburgh, Scotland
Dimitry Pentsov, Froriep, Geneva, Switzerland
Prof. Luca Radicati di Brozolo, Faculty of Law, Università Cattolica di Milano, Italy
Prof. Cedric Reyngaert, University of Utrecht, The Netherlands
Prof. Linda Silberman, Faculty of Law, New York University, New York
Dr. Franz Stirnimann, Froriep, Geneva, Switzerland
Christopher Weil, Mintz Group, Washington, D.C.
Tables of Contents and articles from each Enforcement journal are linked below:
VOLUME 3, NO. 1 2020
PDF of Title Page and Table of Contents
Articles
Hunting Babar: Award Enforcement and Kleptocratic Assets
Timothy G. Nelson
Post-Award Relief in Sweden: Finality of Arbitral Awards and Harmonization between Challenges and Enforcement
Fredrik Ringquist, Robin Rylander and Sara Bengtson
Enforcement of Intra-EU BIT Arbitral Awards Post-Achmea: Hurdles and Opportunities
David Sandberg and Jacob Rosell Svensson
Case Note
Yegiazaryan v. Smagin, 599 U.S. 533 (2023)
Michael Sullivan
VOLUME 2, NO. 2 2019
PDF of Title Page and Table of Contents
Articles
Belt and Road Disputes and the Enforcement of Arbitration Awards
Guilherme Rizzo Amaral and Luis Alberto Salton Peretti
Enforcement’s “Coming Home” - Remember Qatar? Pre-World Cup Optimism for the Recognition and Enforcement of Arbitral Awards
William Frain-Bell
Forcing the Straits: The Corfu Channel Judgment and Britain’s Failed Attempt to Enforce It by Seizing Albania’s Lost Monetary Gold
Timothy G. Nelson
Challenging Arbitrary Arbitration Awards in Switzerland
Dmitry A. Pentsov
Case Note
VOLUME 2, NO. 1 2019
PDF of Title Page and Table of Contents
Articles
An English Freezing Injunction – A Nuclear Weapon That Requires Careful Handling
Angeline Welsh
The Benelux: A Paradise for Enforcement of Arbitral Awards
Stan Brijs, Kasper Krzeminski, and Antoine Laniez
A Wolf in Sheep’s Clothing?
Lucy Keane
Enforcement of Foreign Arbitral Awards in India: Past, Present and Future
Omar Ahmad, Shashank Garg, and Vikram Shah
VOLUME 1, NO. 2 2018
PDF of Title Page and Table of Contents
Articles
Securing Enforcement of Arbitral Awards - The Problem(s) with Non-Parties
James Woolrich
The Recognition and Enforcement of International Arbitral Awards - Is there a “Pro-Enforcement Bias” in the English Courts?
Angela T. Grahame and David R. Parratt
Attachment of Assets in Switzerland
Dmitry A. Pentsov
Recognition and Enforcement of Foreign Arbitral Awards in China
Jerry Zhang and Stephanie Yang
VOLUME 1, NO. 1 2018
PDF of Title Page and Table of Contents
Articles
A Broader Trend towards Recognition and Enforcement of Foreign Judgments in China
Frank Li, Emily Yuan, and Yulong Lai
Enforcement of Arbitral Awards in Malaysia: A Practical Guide
Sundra Rajoo
Recognition and Enforcement of Arbitral Awards in the United Kingdom
Angela Grahame
Enforcement of Arbitral Awards after Achmea
Anna Stier
Asset Tracing and Recovery of Cryptocurrencies
Benjamin J.A. Sauter and Jake Chervinsky
Enforcement and Satisfaction of International Arbitral Awards: The Endgame
J.P. Duffy
Case Note
Taurus Petroleum Ltd v. State Oil Marketing Co. of the Ministry of Oil, Republic of Iraq
Derek P. Auchie