Are there any special considerations for international arbitration awards?
Yes, there are special considerations for international arbitration awards in South Carolina. First of all, international arbitration awards are typically subject to the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This treaty establishes certain standards of recognition and enforcement of foreign arbitral awards in different countries. In South Carolina, a foreign arbitral award must be brought into court and entered as a judgment in order to be enforced. In the State of South Carolina, a party seeking to enforce a foreign award must file a petition in the local court and present an authentic copy of the award with evidence of the proceedings to satisfy the court that it is a valid award. The court may also require additional documentation to show that it is enforceable in the state. The court process usually takes a few weeks or months depending on the complexity of the dispute. Additionally, parties to international arbitration awards in South Carolina should be aware that the award may be challenged if the underlying contract violates the public policy of South Carolina or the United States. A party may also challenge the award if it is not in accordance with the law of the place where it was made.
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