Should Arbitral Awards That Have Been Set Aside Be Enforced in a Different Jurisdiction?

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.