‘Winning is Only Half the Battle’: Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards

The published version of my article is now available for download on SSRN: ‘“Winning is Only Half the Battle’: Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards”, in INTERNATIONAL COMMERCIAL ARBITRATION-CLAIMS AND COUNTERCLAIMS, V. V. L. Gayathri, ed., Hyderabad, India: Amicus Books-ICFAI University Press, 2009 and also republished in the ICFAI University Journal of Alternative Dispute Resolution, Vol. 8, No. 2, April 2009. Here is the abstract:
This article addresses some procedural problems which may arise in the recognition and enforcement of a foreign arbitral award under the Model Law and potential jurisdictional and limitation period challenges to a foreign arbitral award arising from two fundamental and inter-related issues: 1) Is the foreign arbitral award open to post-award enforcement challenges by the debtor? and 2) which enforcement procedure is most effective?  The article discusses various issues relating to limitation period challenges to a foreign arbitral award, and concludes with a call for legislative reform.

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