Enforceability of Arbitration Decision

Abstract

There are a number of important aspects that must be met before the award can be considered final, including the following: jurisdiction of the arbitral award; the tribunal's independence and impartiality; the arbitral process; the autonomy of the parties and the arbitral award; grounds for setting aside the arbitral award; recognition and enforcement of foreign arbitral awards. The arbitration awards will need to be enforced because of the various articles of the UNCITRAL arbitration award and similar other laws of the countries. Even if the award is legally binding, the disputing parties can still take their case to court in the country where the relevant parts of the award were issued. The arbitral tribunal, for example, does not have any inherent jurisdiction. The arbitration agreement serves as the basis for the tribunal's authority. This chapter will attempt to cover the topic of such enforceability issues.