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

The primary requirement for enforcing an arbitral award in an international court is that the award has binding legal force. In West Virginia, arbitral awards must meet the standards set forth in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). The New York Convention requires that two conditions be met for a foreign arbitral award to be enforced in an international court. First, the main purpose of the arbitration proceedings must be for the resolution of a commercial dispute. This ensures that the international courts limit their involvement to matters pertaining to commerce, as opposed to civilian or criminal matters. Second, the award must be issued by a foreign court or arbitral tribunal deemed to be mutually acceptable under the laws and regulations of the jurisdiction in which the award is to be enforced. This ensures that the foreign court or tribunal has been evaluated as being an impartial and capable decision maker, and that the award reflects the principles of justice and fairness. Once these two conditions are met, a party in West Virginia may go to court and file a motion to enforce the arbitral award. In court, the party submitting the award must provide evidence that the award is binding and not set aside by a court of the jurisdiction in which it was issued. The court will then consider the motion and either grant it, allowing the award to be enforced, or deny it depending on whether the award is found to be enforceable.

Related FAQs

What is a motion for joinder and when can it be used in international litigation?
What is the role of foreign judgments in international litigation?
What are the differences between civil law and common law in international litigation?
What are the differences between soft law and hard law in international litigation?
What are the advantages and disadvantages of arbitration in international disputes?
What is a joinder of causes of action and when can it be used in international litigation?
What are the differences between mediation and arbitration in international litigation?
What is an international treaty and how does it affect international litigation?
How can a party obtain security for costs in international litigation?
What is the purpose of a motion for reconsideration in an international court?

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

Related FAQs

Related Blog Posts