Enforcing Arbitral Awards: Success Lies In The Strategy
Law360, New York (April 14, 2016, 6:17 PM EDT) -- Jef Klazen
Marcus J. Green
Timothy P. de Swardt
A major advantage of arbitration over litigation is that arbitral awards are typically easier to enforce across national borders than court orders. This is because the New York Convention provides a uniform set of criteria in the 156 ratifying countries for determining whether a foreign arbitral award should be given the force of a domestic judgment, as contrasted with the international patchwork of laws and treaties that apply to the recognition and enforcement of foreign court judgments.
However, for a claimant or award creditor, this advantage should not lead to complacency. Failure...
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