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Chapter 33 - Enforcement In The State Of Origin - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
16 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
Enforcement of Arbitral Awards,
Stay of Enforcement,
Procedure for Enforcement,
Formal Requirements,
Sovereign Immunity
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

AN ENFORCEABLE INSTRUMENT

When there are no attacks or no more attacks, or they come to a close, it may seem the award has concluded the dispute at least in that jurisdiction.

Unfortunately, this is rarely the case. In fact, unless the losing party voluntarily submits to pay according to the terms awarded, frequently the victorious party must be compelled to comply through enforcement proceedings. For enforcement of the award in its state of origin, the award must then go through the various stages of enforcement proceedings and resist possible opposition, either to the right to enforcement or to any of the various steps of the enforcement proceedings.

Consequently, the arbitrator’s duty to render an enforceable award which has been frequently stressed in the literature, does not, even if it is complied with, allow for automatic collection under that award.1

Table of Contents: 

CHAPTER 33: ENFORCEMENT IN THE STATE OF ORIGIN

An Enforceable Instrument
33.1 Obtaining the Effects of an Enforceable Instrument

Enforcement Proceedings
33.2 Enforcement Proceedings
33.3 Does Rejection of Claims to Set Aside Equal Leave to Enforce?
33.4 Partial Enforcement
33.5 Stay of Enforcement

Time Bar
33.6 Time Bar for Starting Enforcement Proceedings

Oppositions to Enforcement
33.7 Oppositions to Enforcement
33.8 State Immunity from Enforcement
33.9 Refusal of Leave to Enforce Local Award for Non-Compliance with Municipal Procedural Law