Current Challenges of Enforcing Annulled Arbitral Awards

The controversy regarding the French approach to the enforcement of annulled arbitral awards may have died out, yet new issues continue to arise. This paper analyses the current practice in respect to the discretion given to the enforcing courts by the New York Convention. Special attention is paid to the development of case law and approaches of leading jurisdictions concerning the relationship of an award with the legal order under which it was rendered. The purpose of this paper is assessment of the discretion granted to the national courts by Article V of the New York Convention to enforce an award notwithstanding its annulment at the seat.