Post-Award Experience in International Commercial Arbitration

Those involved in international arbitration often wonder what happens after the case is completed. Is there voluntary compliance with the award? Or is there a court battle over enforcement of the award? And if so, how often do the parties end up in court post-award? Since there is no unified system...

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Bibliographic Details
Published in:Dispute resolution journal 2005-02, Vol.60 (1), p.94
Main Authors: Naimark, Richard W, Keer, Stephanie E
Format: Magazinearticle
Language:English
Subjects:
Arbitration
Bankruptcy
Compliance
Enforcement
International
Polls & surveys
Questionnaires
Settlements & damages
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Summary:Those involved in international arbitration often wonder what happens after the case is completed. Is there voluntary compliance with the award? Or is there a court battle over enforcement of the award? And if so, how often do the parties end up in court post-award? Since there is no unified system of tracking what happens after an arbitration award is issued, no one can be sure what the post-award landscape looks like. This article is the first attempt to gather data about this subject. It reports on the experience of a number of actual participants in international arbitration who responded to a survey designed from a flow chart which mapped out a variety of post-award "tracks" the case might take. The tracks were based on a number of discussions with attorneys specializing in international commercial arbitration and represented an attempt to look at the "real world" post-award experience of parties to arbitration.
ISSN:1074-8105
2573-606X