Jusletter

"In arbitration, as in the great traffic of life itself, delays are inevitable. Parties sometimes include a time limit for rendering an arbitration award in their agreements, but even that does not guarantee anything. Thus, Markus Frick asks this question in the following article: Should courts enforce tardy arbitration awards? In the process, he examines a French court decision involving a late foreign arbitration award, as well as American court decisions involving domestic arbitration awards. He concludes that under the regime of the New York Convention in the United States tardiness of an award itself should not prevent its enforcement. Only if the tardiness of the award prejudices the objecting party should recognition and enforcement be denied."