Enforcement of awards

The parties to an arbitration have chosen this route and generally accept its results. Reputation plays a part: an operator that refuses to comply with a TAO award risks being put on OIMAP's list of defaulting payers, losing its accreditation and having the award published in anonymised form.

The threat of compulsory enforcement is also a deterrent: the parties' assets can be attached in many States. Reasoned awards, made with respect for the rights of the defence, are rarely challenged.

In the event of resistance, the winning party applies for exequatur to the competent judge of the State where the assets or the losing party are located. That judge checks the formal regularity of the award without re-examining the merits. Enforcement may be refused only on the limited grounds set out in the convention.

Once exequatur is obtained, the award has the same force as a local judgment. It allows bank attachments, attachment of works and other enforcement measures provided by local law.

The Registry helps the parties apply for exequatur: certification of the award, translations, certificates of no appeal, information on local procedure. It keeps practical country notes up to date.

For restitutions, the Registry may appoint a coordinator to organise the physical execution: transport, insurance, conservation conditions, official handover.

States enjoy immunity from enforcement over certain assets, notably those used for diplomatic missions or public service. Certain cultural property may benefit from specific protection regimes. The tribunal takes these rules into account when drafting its awards.

In cases between States and private persons, enforcement is often negotiated: payment schedule, exchange of assets, mixed solution. The Registry can facilitate these discussions.