Overview

This book examines and critically analyses the extent to which foreign commercial arbitral awards are recognisable and enforceable. This book demonstrates that the performance of recognition and enforcement depends on the effectiveness of the regimes that are provided for this purpose in the forum place. From this perspective, a challenge for the applicable regimes is to provide effective modes of enforcement under which the winning party can recognise and enforce a foreign legal arbitral award. Another challenge is to provide grounds of refusal by which the losing party can resist the enforcement of an illegal arbitral award. This book concludes that the applicable regimes, whether international or national, provide modes by which the winning party can recognise and enforce a foreign commercial arbitral award. They also provide grounds of refusal by which the losing party canresist enforcement.This book concludes that the applicable regimes, whether international or national, fail to strike a balance between the interest of the winning party and the interest of the losing party.

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9783838374574

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