Forum Shopping and Post-Award Judgments

Forum Shopping in the International Commercial Arbitration Context, (F. Ferrari, ed.), Sellier 2013, p.313-345

NYU School of Law, Public Law Research Paper No. 13-77

37 Pages Posted: 2 Nov 2013 Last revised: 21 Dec 2013

See all articles by Linda Silberman

Linda Silberman

New York University School of Law

Prof Maxi Scherer

Queen Mary, University of London, Centre for Commercial Law Studies

Date Written: June 1, 2013

Abstract

Forum shopping has become increasingly common in the context of post-award judgments. Post-award judgments can take several forms, depending on whether the award is set aside, confirmed, recognized or enforced. Creative parties may forum shop for a set-aside, confirmation, recognition or enforcement judgment and seek to rely on its effects in subsequent proceedings relating to the same award in another country. The courts in that other country will have to assess the effects they give to the foreign post-award judgment, including under existing doctrines of res judicata, issue/claim estoppel. The paper examines how courts should respond to such forum shopping attempts. It assesses whether a decision to set aside, confirm, recognize or enforce an arbitral award might affect subsequent attempts to recognize or enforce that award elsewhere.

Keywords: award, post-award judgment, set-aside judgment, recognition judgment, confirmation judgment, forum shopping, parallel entitlement, res judicata, claim estoppel, issues estoppel, Dallah, Putraballi, Yukos, Baker Marine, Spier, TermoRio, Restatement of the Law (Third) U.S. Law of International

Suggested Citation

Silberman, Linda and Scherer, Maxi, Forum Shopping and Post-Award Judgments (June 1, 2013). Forum Shopping in the International Commercial Arbitration Context, (F. Ferrari, ed.), Sellier 2013, p.313-345, NYU School of Law, Public Law Research Paper No. 13-77, Available at SSRN: https://ssrn.com/abstract=2348709

Linda Silberman

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6204 (Phone)
212-995-4341 (Fax)

Maxi Scherer (Contact Author)

Queen Mary, University of London, Centre for Commercial Law Studies ( email )

67-69 Lincoln's Inn Fields
London, WC2A 3JB
United Kingdom

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