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'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards

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

15 Pages Posted: 29 Oct 2007 Last revised: 28 Aug 2009

Antonin I. Pribetic

Ministry of the Attorney General -Crown Law Office -Civil

Date Written: February 18, 2009

Abstract

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.

Keywords: international commercial arbitration, UNCITRAL Model Law, New York Convention, recognition and enforcement, homologation, law of limitations

JEL Classification: K12, K33

Suggested Citation

Pribetic, Antonin I., 'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards (February 18, 2009). INTERNATIONAL COMMERCIAL ARBITRATION-CLAIMS AND COUNTERCLAIMS, V. V. L. Gayathri, ed., Hyderabad, India: Amicus Books-ICFAI University Press, 2009. Available at SSRN: https://ssrn.com/abstract=1025328

Antonin I. Pribetic (Contact Author)

Ministry of the Attorney General -Crown Law Office -Civil ( email )

Ontario
Canada
416-326-4008 (Phone)

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