Abstract
Enforcement of foreign arbitral awards lies at a borderline between private litigation and public international law. The article deals in depth with the role of public international law as to enforcement (or non-enforcement) of arbitral awards both in international commercial arbitration and in investment arbitration. It addresses issues such as the standards under public international law as to non-recognition of foreign arbitral awards which have been set-aside in the country of the seat of arbitration, the relevance of the Draft Articles on Responsibility of States for Internationally Wrongful Acts, the role of state immunity, countermeasures if an arbitral award is denied enforcement and enforcement of arbitral awards through judgments of international courts such as the ECtHR.
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