ENFORCEMENT OF NULLIFIED ARBITRAL AWARDS

One of the most controversial issues in international commercial arbitrations in the last two decades is enforcement of arbitral awards which have been annulled in their country/ies of issuance or in broader word in their country/ies of origin. Two contradictory opinions on the matter are based on two different approaches on territorial or extraterritorial effect of nullification of arbitral award by competent court. Considering the French court’s recent judgment on enforcement of arbitral award rendered in PT Putrabali Adyamulia v. Dena Holding case, despite its annulment in the country where it was made i.e. United Kingdom, author is interested in studying the theoretical and practical aspects of enforcement of nullified arbitral award in this article.