A successful arbitral award can be a pyrrhic victory if it cannot be enforced. Conversely, victory might take the form of resisting the enforcement of an adverse award.
While enforcement may be the last step in any arbitration, it is an issue that must be front of mind commencing with the drafting of an arbitration agreement and throughout any dispute. Indeed, one of the many advantages of arbitration is the ability to enforce awards in far broader circumstances than a domestic court judgment.
Our pre-eminent arbitration team regularly advises clients on the most significant enforcement issues that arise in Australia and internationally.
We are very experienced at structuring arbitration agreements to maximise the chances of enforcing successful arbitral awards against the assets of the counterparty. Likewise, we have successfully advised many clients on resisting awards or judgments, including in the most complex circumstances.