Modern Jurisprudence and Law

Modern Jurisprudence and Law

Comparative study of obstacles to the enforcement of arbitration awards in relations between contracting parties and third parties

Document Type : Original Article

Authors
1 uni
2 Assistant Professor and University Faculty Member
10.22034/jml.2025.724377
Abstract
In this study, the obstacles to the enforcement of arbitral awards in the relations between the parties to the contract and third parties have been examined in a comparative manner. An arbitral award, as an alternative to a court award, is valid and enforceable if it is consistent with the principles of fair trial and the rules governing the arbitrator's jurisdiction. However, at the enforcement stage, problems such as recognition of the award, opposition by third parties, or conflict with public order may challenge its enforcement. On the other hand, legal differences in different systems have caused ambiguities in the enforcement of arbitral awards against third parties, such as guarantors, heirs, or persons who were not directly involved in the contract. The findings show that the lack of a clear definition of third parties and the scope of the arbitral award against them is one of the most important obstacles to the effective enforcement of arbitral awards. It is also suggested that by amending national laws, identifying more limited cases of invalidation, and explaining the role of third parties in the arbitration process, faster and more effective enforcement of these awards can be helped.
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