Execution of legal and arbitral decisions

The execution1 process for decisions of courts and awards of arbitration tribunals, whether foreign or domestic, is similar in its general outlines. An execution order is issued and the process of enforcement of that order follows the general rules and patterns.

The enforcement of court decisions has at least two stages. The first, or preliminary, stage consists of the formalization of the decision itself and the expression of the amounts to be paid, property to be transferred or actions to be performed by the court in a form that can be used in execution of the judgment. The second or main stage consists of the proceedings by which enforcement measures are undertaken on the basis of the issued documents, including procedures for the mandatory or forcible execution of judgment in those cases in which the person or entity against whom/which the judgment is issued fails to observe it by voluntary action.

There are also several statements describing the matter discussed:

1. Recognition of the judgement and enforceability;

2. Using international agreements, namely New York Convention 1958; conventions and regulations under the Brussels Regime, etc.

For self-study – UNCITRAL Arbitration rules (amended on 2013)

7.6. Choosing a regulation process

Dispute resolution is the process of resolving disputes between parties.

Methods of dispute resolution include:

- lawsuits (litigation)

- arbitration

- collaborative law

- mediation

- conciliation

- many types of negotiation

- facilitation

There are a number of factors parties should consider in selecting the best form of dispute resolution:

1) Fairness;

2) Confidentiality;

3) Cost;

4) Speed;

5) Expertise/ qualified neutrals

6) Flexibility;

7) Satisfactory result/compliance

8) Maintenance of relationships

9) Establishing precedent

10) Predictability

11) Timing/when to use during the dispute

12) Power issues

13) Empowerment

For self-study – essence of presented methods and factors of choice

There are no hard and fast rules as to when to use which method. All the above factors should be considered, as well as any underlying issues to the dispute. Types of issues and the nature of the dispute will dictate that some factors are more important than others in a particular dispute.

Date: 2014-12-22; view: 1242