| The acceptability and usage of international commercial arbitration as a mechanism for the settlement of international commercial disputes has continued to expand since the end of the Second World War. Today, many contracts between nationals of different states contain an arbitration agreement Arbitration has become the preferred means of resolving international commercial disputes; In response to the increasing use of arbitration, international instruments have been concluded to ensure the recognition and enforcement of arbitral awards by national courts where the enforcement of the awards are sought. In order to minimize challenge to the enforcement of an award, the instruments provide limited grounds for attacking the recognition and enforcement of the awards. However, these limited grounds notwithstanding, post-award litigation has not abated; Therefore, the objective of this thesis is to present a general appraisal of the interpretation of the grounds for challenging the recognition and enforcement of arbitral awards based on the US. and Canadian jurisprudence. In addition, the study will proffer recommendations with the objective of reducing the challenges to the recognition and enforcement of arbitral awards. |
