Recognition and Enforcement of Annulled Awards at the Place of Arbitration, Termorio and Putrabali Cases
Universidad Externado de Colombia
available in Spanish (see the link below)
Although the New York Convention on the Recognition and Enforcement of International Awards is one of the most worldwide successful conventions with 149 signatory countries so far, and it constitutes a good attempt to facilitate the enforcement of ICA awards by unifying the grounds of refusing such an enforcement by local jurisdictions, as prescribed at article V, the true is that its application and interpretation rely entirely on domestic jurisdictions, making the enforcement somehow unpredictable. In fact, an international commercial award is still subject to two main domestic controls: setting aside proceedings and enforcement proceedings. However, the winner Party in an arbitration, whose award has been set aside in the place of arbitration, might still pursuit its enforcement in other jurisdictions. This decision will depend on how liberal the enforcement jurisdiction is. In this article these topics are analyzed under the perspective of the American and French jurisdictions.