7 Enforcing International Arbitration Agreements
John Fellas, Hagit Elul
Edited By: James H. Carter, John Fellas
- Jurisdiction — Arbitrators — Conduct of proceedings
This chapter addresses the enforcement of agreements to arbitrate, the question of what one party to an international contract should do when the other fails to comply with its agreement to arbitrate. It addresses three basic issues. The first is whether one party can proceed with the arbitration and obtain an enforceable award even if the other party fails to participate in the arbitration. Secondly, the chapter inquires as to whether one party can seek the intervention of the courts to enforce its agreement to arbitrate in the event that the other party to the arbitration agreement refuses to arbitrate or commences litigation notwithstanding its agreement to arbitrate. Finally, the chapter looks into whether one party can obtain damages against the party that has breached its obligation to arbitrate.