Özet:

The most important advantage of international arbitration over litigation in a national court is obtaining the recognition and enforcement of a foreign award in a simple and effective way. International Conventions for enforcement of arbitral awards provide for enforcement of arbitral awards in other country other than the one where the award was rendered. The status of the awards that have been set aside in their country of origin or pending annulment proceedings at the place of arbitration are important issues in this context.  This article examines the issue of enforcement of arbitral awards set aside in the country of origin according to the 1958 New York Convention. The article addresses the question of whether an arbitral award that has been set aside by the court of the seat of arbitration or under the law of which that award was made, will be enforceable in another country. A complex question of to which extent an enforcement court should defer to the decisions of court at the seat or arbitration is argued in this article. This article addresses the issue of enforcement of annulled wards pursuant to international conventions, related legislations and court decisions in comparative law.

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