Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its Application under English Law

The Main Approaches Regarding Enforcement of Annulled Foreign Awards

The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England and Wales. This issue has divided jurisdictions in two camps: the first camp is comprised of jurisdictions that are ready to enforce an award notwithstanding the fate of that award in the country of origin, while in the second are jurisdictions in which the courts deny the enforcement of an annulled award...