Abstract
AbstractThis article examines the peculiarities and points of criticism of the execution of investment arbitral awards. It specifically addresses the potential obstacles to the execution of investment arbitral awards based on recent case law. First, the article focuses on the differences existing between the phases of enforcement and execution of investment arbitral awards, with special regard to the procedural frameworks of investment arbitration that are most commonly utilized. Secondly, the issue of the interrelation between these two phases is addressed in the light of national case law, given that enforcement of an arbitral award has a preliminary function for the purpose of its actual execution, in addition to representing an obstacle to the latter. Before focusing on the legal defenses to forcible execution that can undermine the entire efficacy of an arbitral award, the article explores those defenses raised to avoid an award’s enforcement.
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