enforcement of arbitration award

作者:叶渌  罗必成  金杜律师事务所争议解决



即使执行程序开始之前,裁决债务人仍有机会阻止裁决债权人采取救济措施:对仲裁裁决提出异议的常见的方式是向仲裁委员会所在地的法院申请撤销裁决。Continue Reading 我能否在此饮茶在别处享用我的点心—-已被撤销的仲裁裁决能否在其他管辖中得以执行?

By Ariel Ye and James Rowland   King & Wood Mallesons’ Dispute Resolution Group

I.        Challenging the award in the place of arbitration

Achieving a favorable arbitral award is sometimes the easy part of the dispute resolution process. Where the successful party is awarded money damages and the unsuccessful party resists payment, the successful party will still need to take further steps to actually obtain the money awarded. Each step will present the unsuccessful party with another opportunity to resist or delay payment.

Even before arriving at enforcement proceedings, there is a threshold opportunity for the award debtor to prevent the award creditor from securing its remedy: by challenging the award, usually in an ‘action to set aside’, before the national courts in the place of arbitration.Continue Reading Should Arbitral Awards That Have Been Set Aside Be Enforced in a Different Jurisdiction?