Commentary

5.11 Enforcement—international contracts

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

5.11 Enforcement—international contracts

| Commentary

5.11 Enforcement—international contracts

In international contracts, a further question arises as to whether the courts in each party’s ‘home territory’ will enforce the arbitration award. In some countries, an arbitration award may not be legally enforceable without a retrial of the action. Enforcement will be much easier in countries that are parties to the New York Convention; indeed, enforcement of arbitration awards may be easier in some of these countries than enforcement of a foreign court order. If a contract with a party based in a foreign country is contemplated, advice should be taken from local lawyers in that country

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