Analyzing Potential Challenges and Strategies in the Enforcement of Foreign Awards

Abstract

The enforcement of foreign awards serves as a crucial aspect of international arbitration, ensuring the efficacy and integrity of cross-border dispute resolution mechanisms. However, this process is not without its challenges. This research delves into the complexities surrounding the enforcement of foreign awards, analyzing potential hurdles and strategies for overcoming them. Through an in-depth examination of legal frameworks, case studies, and scholarly literature, this study identifies key challenges such as jurisdictional issues, procedural complexities, and resistance from local courts. Moreover, it explores various strategies employed by parties and practitioners to navigate these challenges, including proactive measures during arbitration proceedings and tactical approaches during enforcement proceedings. By shedding light on these critical aspects of international arbitration, this research aims to provide valuable insights for practitioners, policymakers, and stakeholders involved in cross-border dispute resolution. Ultimately, by understanding and addressing potential challenges, stakeholders can enhance the effectiveness and reliability of the enforcement process, fostering confidence in the international arbitration regime.