ASIA ADR WEEK 2023: Day 1 - Session 3

Session 3: Annulled But Not Forgotten: Enforceability of Arbitral Awards.

Moderator: Datuk D.P. Naban (RDS Partnership)
Speaker 1: Dato’ Sunil Abraham (Cecil Abraham & Partners)
Speaker 2: Mr Lam Ko Luen (Shook Lin & Bok)
Speaker 3: Kim M. Rooney (Gilt Chambers)
Speaker 4: Mr Thayanathan Baskaran (Baskaran)

Ms. Rooney kickstarted the session by providing a brief overlook of the limits on what can be considered an award and the implications of recognition and enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”).

Subsequently, Dato’ Sunil provided insights into the relevant case laws relating to the application to enforce arbitral awards. He distinguished the provisions under the New York Convention with the understanding of the courts in continental Europe.

Mr Thayanathan Baskaran, on the other hand, expanded and analysed the position of the English Courts in enforcing arbitral awards and its application as well as procedures.

The session came to an end with Mr Lam Ko Luen highlighted the US position concerning the enforcement of awards.

This session enabled the attendees to understand the enforceability of Arbitral Awards within the New York Convention and its applications across various jurisdictions.