What are the requirements for enforcement of an arbitral award in an international court?

When it comes to enforcement of an arbitral award in an international court, the requirements vary from state to state. In some states, such as Alaska, a party to an international arbitration must first apply to the Alaska Superior Court for a confirmation of the award. Once the court confirms the award, it will become an enforceable Alaska judgment. Furthermore, the party seeking enforcement of the award must obtain a local court order that allows them to enforce the award in another jurisdiction. International courts are also subject to their respective international conventions. For example, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New York Convention”) is in effect in most countries, including Alaska. Under the New York Convention, a state court must enforce an international arbitral award without any review of the merits of the case. When enforcing an arbitral award in a foreign jurisdiction, a party must present the certified foreign arbitral award, along with a certificate issued by a court of competent jurisdiction attesting to the validity of the award. The certificate must be authenticated by the foreign court, and must declare that the arbitral award is enforceable and binding in the requesting country. The party must then present the certified foreign arbitral award and certificate to the court in the foreign jurisdiction. If the court approves the award, it will issue an order allowing the party to enforce the award in the foreign jurisdiction. International courts also require that the parties to an arbitration have a valid contract specifying the subject matter and scope of the arbitration. This contract must be in writing and signed by both parties prior to the commencement of the arbitration proceeding. Furthermore, the award must be rendered in accordance with applicable law, and the parties must act in good faith. Additionally, the award must not violate public policy or be contrary to public morality or public order. All of these requirements must be met in order for a party to successfully enforce an arbitral award in an international court.

Related FAQs

What is alternative dispute resolution and how can it be used in international litigation?
What is a motion for joinder and when can it be used in international litigation?
What is an amicable settlement in international litigation?
What is the concept of mareva injunctions and how can it be used in international litigation?
What is the role of the United Nations in international litigation?
What are the differences between domestic and international litigation law?
What is the concept of estoppel in international litigation?
What is the purpose of a temporary restraining order in international litigation?
What are the differences between international public and private law in litigation?
What are the differences between local court proceedings and international proceedings?

Related Blog Posts

An Overview of International Litigation Law - July 31, 2023
Exploring the Different Types of International Litigation - August 7, 2023
Key Elements of an International Litigation Case - August 14, 2023
Preparing for International Litigation and Key Considerations - August 21, 2023
Stages of International Litigation and Their Implications - August 28, 2023