Problemsin Enforcement Of Foreign Arbitral Awards

br DISSERTATION THE PUBLIC POLICY EXCEPTION TOTHE approach pattern FOR THE RECOGNITIONAND ENFORCEMENT OF ARBITRAL AWARDS OF 1958 CHAPTER 1 INTRODUCTIONIn 1958 , the United Nations promulgated the congregation for the comprehension and Enforcement of arbitral Awards ,1 1 prescript on the actualisation and Enforcement of conflicting Arbitral Awards , open up for signature June 10 , 1958 , entered into force June 7 , 1959 330 UNTS 38 [hereinafter stark naked York Convention or 1958 Convention ] Internet version , go out 2006 , accessed Jan . 15 , 2007 . Available at . Internet . [hereinafter the New York Convention the document which has become the foundation of international arbitration . The draped of the drafters was to establish a mechanism by which parties could achieve the suggestion , inexpensive , and efficient enforcement of arbitral exhibits throughout the world . Since that measure 142 countries have adopted the Convention .2 2Convention on the Recognition and Enforcement of Foreign Arbitral Awards United Nations Commission on International craft Law Undated , accessed Jan . 16 , 2007 . Available at hypertext transfer protocol /www .uncitral .org /uncitral /en /uncitral_texts /arbitrationNYConvention_status .html . InternetUnfortunately , a recurring problem in international arbitration has been developed because courts in the sylvan in which enforcement has been seek have refused to enforce arbitration awards on the drive that the arbitral tribunal failed to take account of the faithfulness of the enforcing tell , and the award is in conflict with the prevalent policy of the enforcing stateThe Convention does provide a public policy exception in Article V .2 (b :3 3New York Convention , Art . V , sec . 2 (b2 .

Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that (b ) The recognition or enforcement of the award would be contrary to the public policy of that country Clearly , certain(p) provisions of the police of an enforcing state are matters of the fundamental public Dissertation : The Public Policy Exception to the Convention for the Recognitionand Enforcement of Arbitral Awards of 1958Chapter 1 Page policy , so that an arbitration award which clearly contravenes such a public policy should not be enforced , even if the parties to the contract giving wage hike to the arbitral award did not specify that the enforcing country s law would be the law applicable to the arbitrationArticle V , section 14 4New York Convention , Art . V , sec . 1 provides1 . Recognition and enforcement of the award may be refused , at the request of the ships company against whom it is invoked , only if that party furnishes to the competent authority where the recognition and enforcement is sought , proof that (a ) The parties to the agreement referred to in article II were , chthonic the law applicable to them , under some incapacity , or the said agreement is not valid under the law to which the parties have subjected it or failing any indication thereon , under the law of the country where the award was made or (b ) The party against whom the award is invoked was not given proper reflection of...If you want to get a full essay, order it on our website: Ordercustompaper.com

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