Enforcing Annulled Arbitral Awards: Comparison of Approaches in the United States and in the Netherlands

This contribution examines the procedural aspects of the enforcement of arbitral awards that were set aside in the jurisdiction where they were rendered. It focuses on recent cases in the United States and the Netherlands, which adopted a different line of reasoning than the approach taken by French judiciary many years ago. According to the latter, an arbitral award set aside in the ‘country of origin’ may be enforced in France in reliance on national law. Namely, French law on enforcement is more favourable than the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbit... Mehr ...