We use cookies on this site to provide you with an informative and engaging experience and also to help us to continually improve our site for you. Without allowing cookies certain features of the site will not be available. To learn more about how we use cookies, please view our cookie policy. By clicking on ‘I AGREE’, you consent to our use of cookies on this device in accordance with our policy.

Logo of Wolters Kluwer, Kluwer Law Online
Journal of International Arbitration
Search content button

Home > All journals > Journal of International Arbitration > 42(1) >

The Human Right to Enforcement: A Critical Analysis of Strasbourg’s Case-Law on Unenforced Arbitral Awards

Cover image ofJournal of International Arbitration

$25.00 - Rental (PDF) *

$49.00 - Article (PDF) *

*service fee may apply
The Human Right to Enforcement: A Critical Analysis of Strasbourg’s Case-Law on Unenforced Arbitral Awards


Journal of International Arbitration
Volume 42, Issue 1 (2025) pp. 39 – 58

httpss://doi.org/10.54648/joia2025004



Abstract

The European Court of Human Rights has repeatedly held that the refusal of a Member State court to recognize and enforce an arbitral award may violate the award-holder’s property rights under Article 1 of Protocol 1 to the European Convention on Human Rights. This contribution discusses the Court's growing case-law on unenforced awards. It argues that the framework developed by the Court in this context should be better aligned with the international standards governing the recognition and enforcement of arbitral awards, and that the Court’s review should focus on whether a Member State court’s decision to annul an award or refuse its enforcement complied with such standards. Under Article 1 of Protocol 1, the Court might make this assessment without the deference that it normally extends to domestic courts when evaluating their interpretation and application of domestic or international law.


Keywords

enforcement, recognition, annulment, European Court of Human Rights, European Convention on Human Rights, New York Convention, ICSID Convention, right to property, fairtrial, Article 1 of Protocol 1


Extract




Subscribe to this journal

Interested in a subscription? Contact our sales team

Browse by practice area
Share
Stay up to date


RSSETOC