Enforcement

The New York Convention provides limited grounds including invalid arbitration agreement, lack of proper notice, excess of arbitrator authority, improper tribunal composition, award not yet binding or set aside, non-arbitrable subject matter, and public policy violation.

This is debated. Some jurisdictions, notably France, may enforce awards annulled at the seat. However, most courts give significant weight to annulment decisions, making enforcement after set-aside difficult in practice.

Enforcement timelines vary significantly by jurisdiction. In arbitration-friendly jurisdictions, enforcement may take a few months, while others may take years, particularly if the losing party raises challenges. Asset identification and collection add additional time.

Enforcement can target bank accounts, real property, equipment, receivables, and other assets of the award debtor. Sovereign immunity may protect state assets in investment arbitration. Asset tracing and preservation measures are often critical to successful enforcement.