Based on many years of experience acting as counsel for foreign parties in foreign-related arbitration, the author has noticed that many foreign parties have often been unable to enforce arbitration awards rendered in their favour, with the result being that favourable awards won through great effort become a mere piece of paper, because they are unenforceable. The reasons for the difficulties in enforcing awards may be summarised as follows:
- the judgment debtor diverts or conceals property that could have been available for enforcement, making it seem that the judgment debtor has no property available for enforcement of the award; or
- various human-related factors result in obstruction of the foreign-related arbitration award at the court enforcement stage.
Difficulty in enforcing arbitration awards is a topic with a long history. Depending on the different circumstances of different judgment debtors, the difficulties faced in enforcement also differ. Accordingly, choosing the arbitration institution that can best protect the rights holder has become a question that is well worth studying. For this purpose, this column will look at the criteria for the selection of an arbitration institution in foreign-related arbitration provisions from the perspective of the enforcement of arbitration awards.
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Wang Yadong is executive partner at Run Ming Law Office. He can be contacted at +86 10 6569 3496 or by email at wangyd@runminglaw.com
