Is there life after death?: Recognition and enforcement of annulled awards in foreign headquarters

Abstract

The certainty of obtaining a recognized and executed award is the main reason why the parties decide to submit their dispute to an arbitration. However, this security can be truncated - among other factors - by the interposition of the action for the annulment of the award before the state courts of the arbitral headquarters, who, for arbitrary reasons, decide to annul the award. This situation generates several questions, the main one is what will happen with the annulled award. In this scenario, the following paper seeks to clarify this uncertainty through the analysis of the possibility of recognizing and executing an annulled arbitration award in another jurisdiction, established in the New York Convention. On the other hand, this paper will perform a brief exposition of the doctrine and jurisprudence of the main foreign Courts, which have addressed
this problem. This is intended to trying to establish a solution proposal that helps mitigate this uncertainty.