THE EFFECTIVENESS OF CHALLENGING THE ARBITRAL AWARD IN INTERNATIONAL CONVENTIONS AND NATIONAL LEGAL SYSTEMS

The effects of challenging the arbitral award in the country of origin is discussed in two stages. In proceeding stage in court, as the challenged award is binding, this challenge that the court proceedings in the country of origin are pending does not prevent enforcement of the award in other countries. Suspension or annulment of the award in country of origin has been accepted as one of the grounds of refusing of enforcement in national laws and international instruments. However, there is new trend in international commercial arbitration practice in favor of "enforcement of annulled awards" based on the spirit of the New York Convention that has been accepted in some countries jurisprudence.