'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards
Antonin I. Pribetic
Himelfarb Proszanski LLP; University of Toronto at Mississauga-Rotman School of Management-Diploma in Forensic & Investigative Accounting (DIFA)
February 18, 2009
INTERNATIONAL COMMERCIAL ARBITRATION-CLAIMS AND COUNTERCLAIMS, V. V. L. Gayathri, ed., Hyderabad, India: Amicus Books-ICFAI University Press, 2009
Icfai University Journal of Alternative Dispute Resolution, Vol. 8, No. 2, April 2009
This article addresses some procedural problems which may arise in the recognition and enforcement of a foreign arbitral award under the Model Law and potential jurisdictional and limitation period challenges to a foreign arbitral award arising from two fundamental and inter-related issues: 1) Is the foreign arbitral award open to post-award enforcement challenges by the debtor? and 2) which enforcement procedure is most effective? Not having reference to limitation period for enforcement of arbitral awards in any of the Limitation Act, does not automatically waive the Limitation Period. Discussing various issues relating to limitation periods challenges to a foreign arbitral award, the author suggests for legislative reforms.
Number of Pages in PDF File: 15
Keywords: international commercial arbitration, UNCITRAL Model Law, New York Convention, recognition and enforcement, homologation, law of limitations
JEL Classification: K12, K33Accepted Paper Series
Date posted: October 29, 2007 ; Last revised: August 28, 2009
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