Description

The enforcement of foreign arbitral awards presents a unique paradox from the perspective of foreign investors: while securing recognition and enforcement of an award has become increasingly achievable, the timing and the quantum of actual recovery of the awarded amount remains uncertain.

The commercial value of an award is in its actual monetary recovery, as opposed to mere recognition as a legal right. Even after an award attains recognition of a decree, foreign investors may encounter practical obstacles such as asset concealment, insolvency proceedings, complex corporate structures, competing creditor claims, execution delays and regulatory hurdles.