Enforcement and challenging of arbitration award

Abstract

The objective of arbitration is to produce an award that is just, final and enforceable. If an arbitrator has observed the requirement of conclusiveness and completeness, he should have provided the parties with a resolution that either of them could use, defensively to fend off further claims against or positively for enforcement of, his rights acquired under the award. An award, when given, would not be final, but is capable of being challenged or not to be enforced in court. Therefore, this study intends to identify what grounds and situation, which are available to the parties especially the losing or unsatisfied parties to defend their stand in arbitral awards. The stud concentrates on theory from texts , books, articles and past dissertation and also have been carried out mainly through documentary analysis of law journals, such as Malayan Law Journal, The Arbitration Act 2005, etc; as well as court cases from Lexis Nexis and Ipsofactoj.com website. Literature review has shown that, there are at least nine (9) basic grounds for refusing recognition or enforcement arbitral awards. However, the evidence from the profile of court cases shows that, the situation is rather limited which can be linked exactly to the ground where the arbitral award can be enforce as well as not to be enforced. Since the court cases cannot merely be linked to the grounds in such a way to enforce or not to enforce the arbitral award, it is hoped that this dissertation would act as a guidelines to parties pursuing civil action in enforcing the arbitration award if they resort to it.