CONTENT:
RESEARCH PAPER ON CHALLENGES AGAINST THE RECOGNITION AND REINFORCEMENT OF AN INTERNATIONAL COMMERCIAL ARBITRATION AWARDName of the Student:Date:OUTLINEIntroductionBody * Overview of the International Commercial Arbitration award * Recognition and enforcement of an International Commercial arbitration award * Challenges against the recognition and reinforcement of an International Commercial Arbitration award * Recognition or enforcement of the award would be contrary to public policy * Arbitrators had no jurisdiction in making the award * Agreement was made under some incapacitation * Lack of due process * The award exceeds the submission to arbitration * Improper arbitral procedure and lack of proper composition of arbitral tribunal * A court has suspended an award * Non-arbitrabilityConclusionBibliographyINTRODUCTIONArbitration is a form of legal settlement carried out by a party not involved in the dispute and is done outside the court. The resolution of conflict involving the parties especially from different countries is evidenced by the issuance of an International Commercial Arbitration award. This award is meant to bind the agreement arrived at by the involved parties in the dispute. Recourses challenging the recognition and enforcement of this award have been brought to the attention of the court system .This research paper will be aimed at discussing the challenges against the recognition and enforcement of an International Commercial Arbitration award.[Christian Buhring-Uhle and Gabriele Lars Kirchhof. Arbitration and Mediation in International Business, 2nd Edition (2006).] [Ibid as consulted and relied upon in the analysis] BODYOverview of the International Commercial Arbitration awardInternational commercial arbitration involves the use of arbitrators in solving business disputes among transnational parties. It involves insertion of an arbitration clause into the business agreement involving the two parties and translates to a binding decision. International commercial arbitration has become common due to the increasing international commercial disputes. Consequently, its non judicial nature makes it a viable alternative for many foreign parties who might distrust the legal system incase of a dispute with a foreign party. Moreover, court cases in a foreign country may be expensive, complicated and time consuming. In conjunction, it may be difficult to enforce a decision rendered by a foreign court. Also, the arbitrators are agreed upon by both parties and are people who have specialized competence.[International Commercial Arbitration, May 25 2011, American Society of International Law, www.asil.org/erg/?page=arb.] [Ibid as consulted and relied upon in the analysis.] [Ibid.] Arbitral awards also provide international recognition to the involved parties. This has seen more than 140 countries agree to bide by the terms of the also know as the New York Convention. Since these awards are final and binding, it avoids appeal processes an...