Vol. 6 No. 4 (2023): Pakistan Journal of International Affairs
Articles

INTERNATIONAL ARBITRATION AND THE NEW YORK CONVENTION- SETOFF WHILE ENFORCING AWARD

Published 2023-12-20

Abstract

Can a respondent introduce a counterclaim or setoff request during proceedings to enforce an arbitral award under the New York Convention? The subject regarding set-off is constantly under arguments, amongst various jurisdictions having different views. This paper aims to analyze stances taken by different courts and discuss the pros and cons, disadvantages of allowing setoffs. Additionally, it will also delve into analyzing the relevant Articles of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the convention”) to conclude the longstanding discussion on set off