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11 Recognition and Enforcement of Arbitral Awards

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 24 June 2024

Subject(s):
Awards — Stay of enforcement — UNCITRAL Arbitration Rules — Arbitral tribunal

This chapter discusses the recognition and enforcement of arbitral awards. It explains the enforcement of awards under the New York Convention, the ICSID Convention, and regional conventions. Most arbitral awards are conducted voluntarily without the need for enforcement from national courts. However, voluntary enforcement could not be relied often upon as a party involved in the arbitration process will likely be unhappy with the results. To achieve the award from a refusing party, the winning party could either invoke the powers of the state or exert pressure such that it would be in the losing party’s best interest to give the award voluntarily. Moreover, the process of enforcing awards differs between countries.

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