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

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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? Not having reference to limitation period for enforcement of arbitral awards in any of the Limitation Act, does not automatically waive the Limitation Period. Discussing various issues relating to limitation periods challenges to a foreign arbitral award, the author suggests for legislative reforms.

INTERNATIONAL COMMERCIAL ARBITRATION-CLAIMS AND COUNTERCLAIMS, V. V. L. Gayathri, ed., Hyderabad, India: Amicus Books-ICFAI University Press, 2009.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, Civil Remedies Updates, Conflict of Laws Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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