Recognition and Enforcement of a Foreign Arbitral Award exceeding limitation time: The Case of Seetransport Wiking versus Navimpex Centrala

Abstract

In most cases, an arbitral award rendered by a competent arbitration tribunal will be voluntarily performed by the parties to the dispute. Notwithstanding, if the debtor fails to fulfil his obligations mentioned in the award, the creditor has a right of action to bring this certain award before a foreign court in order to file a petition for the recognition and enforcement. The foreign court, after examining the award and attached evidences, can recognize and enforce the mentioned award provided that it does not exceed the limitation time described in the current applicable law of the enforcing country. Nonetheless, pursuant to United States’ laws, the creditor has an additional right of action, namely the right to petition for a "double exequatur". In the nature of the "double exequatur", the creditor will first request the court residing at the arbitral locality to recognize the effectiveness of the arbitral award. He will then bring the decision of this court before a respective court of another country in order to seek an exequatur. The case of See transport versus Navimpex, admired as a distinguished feature of the "double exequatur", has been the eminent and typical example of the United States' jurisdiction in this field.