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Post-arbitration activities

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  • Post-arbitration activities

    I need help understanding a contract provision. The contract says that disputes should be resolved in accordance with Rules of Arbitration of the International Chamber of Commerce. And this is followed by: "Judgment upon the awards rendered may be entered in any court having jurisdiction thereof or application may be made to such court for a judicial acceptance of the awards and an order of enforcement as the case may be."

    Does it mean the party has to go to a court of law? Or may have to go if the other party does comply with the arbiters' resolution?

    If so, what's the difference between the two parts of the sentence ("judgment may be entered..." and "application may be made...")?
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  • #2
    Your questions-
    On 1 - no need if the arbitration award is paid.
    On 2 - I think you left out the word 'not' - if so the answer is 'yes'.
    On 3 - Some jurisdictions, as a matter of it's law, automatically recognise an arbitration award as being the equivalent of a court judgment, and on application to a court in that jurisdiction the judge is duty bound to issue a court order to enforce the award i.e. the judge has no discretion - some jurisdictions do not have such a law, so the court can be approached to ask it to exercise it's discretion to recognise the award, as if it was a court judgement, so as to obtain a court order to enforce the award.

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