Introduction

It is an honour to present this guide on the enforcement of arbitral awards to mark the 125th Anniversary of the Permanent Court of Arbitration (PCA). This project commemorates a significant milestone in the history of the PCA and rounds off the 10th anniversary celebrations of Aarna Law. It is hoped that this book serves as a vital resource for practitioners, legal professionals, and scholars interested in the enforcement of arbitral awards across borders.

I would like to express my deep gratitude to all the contributing authors and firms who have shared their expertise and valuable inputs on the enforcement of arbitration awards in their respective jurisdictions. Their contributions help create a global resource that serves not only their current and prospective clients but also a broader community of professionals and academics interested in the resolution of transnational commercial disputes. It is important to highlight that this book does not cover the contentious topic of enforcement of investment treaty arbitral awards.

The establishment of the PCA in 1899, under the Hague Conventions, was a groundbreaking step in the evolution of international dispute resolution. Created by the visionaries at the First Hague Peace Conference, the PCA was designed to provide a forum for the peaceful resolution of disputes between states, organizations, and private parties, cementing its role as a foundational institution in the realm of international arbitration. The PCA’s Charter, as outlined in 1899, marked a transformative moment in international law, enabling parties to resolve disputes without resorting to war, and offering an alternative to traditional litigation.

The enforcement of arbitral awards is critical to ensuring the efficacy and credibility of international arbitration as a dispute resolution mechanism. As a result, the PCA’s role in promoting and facilitating these processes remains indispensable, ensuring that arbitral decisions can be implemented globally, fostering greater confidence in arbitration as a means of resolving complex disputes.

The PCA’s 125-year legacy is a testament to the institution’s enduring commitment to promoting peaceful dispute resolution, facilitating the development of international arbitration, and upholding the rule of law. This remarkable history and significant legacy of the PCA has earned the trust of several Nation States and private commercial interests by consistently promoting peace through international ADR.

In these fraught times of global tensions, this book is dedicated to the efforts of successive generations of international dispute resolution professionals, with a fervent prayer for peace.