NEWSLETTER-2017

170 NEWSLETTER 2017 Enforcement of Arbitral Awards Set Aside at the Seat of Arbitration* Prof. Dr. H. Ercument Erdem The enforcement of arbitral awards is a very important last step that follows the arbitration proceedings. The arbitral awards, which are not complied with through the free will of the parties, would eventually be subject to recognition and enforcement proceedings. Ac- cordingly, the failure to enforce the award may render the arbitration proceedings entirely useless and ineffective. At this point, the grounds for refusal of enforcement should be reviewed carefully, in order to avoid unpleasantries at the end of an enforcement proceeding. The question as to whether an arbitral award set aside at the seat of arbitration may be enforced or not is quite important, and is ana- lyzed in this article. In General The Convention on the Recognition and Enforcement of For- eign Arbitral Awards (New York, 1958) (“New York Convention” or “Convention”) sets forth the grounds for refusal of enforcement, under Article V. The grounds for refusal under Article V(1) may be reviewed by the enforcement judge only if the party against whom the enforce- ment is invoked furnishes proof that one or several of these grounds exist. Article V(1)(e) sets forth that one of the grounds for refusal of enforcement is the fact that the award has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The wording of Article V(1) regulating that “ Recognition and en- forcement of the award may be refused… ” grants leeway to the court * Article of June 2017