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Nowadays many countries have adopted arbitration laws based on the UNCITRAL Model Law on International Commercial Arbitration. This works with the New York Convention so that the provisions on making an enforceable award, or asking a court to set it aside or not enforce it, are the same under the Model Law and the New York Convention.
The New York Convention, more formally known as the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, provides for court recognition and enforcement of foreign arbitration decisions, allowing arbitration proceedings to piggyback on the authority of domestic jurisdictions across the world. [12]
New York Convention may refer to several treaties signed in New York City: Convention on the Privileges and Immunities of the United Nations (1946) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1950) Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
The entry into force of a convention is usually dependent upon the deposit of a minimum number of instruments of ratification. UNCITRAL conventions: the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) (1958) the Convention on the Limitation Period in the International Sale of Goods (1974)
Whereas typically only monetary judgments by national courts are enforceable in the cross-border context, it is theoretically possible (although unusual in practice) to obtain an enforceable order for specific performance in an arbitration proceeding under the New York Convention. Article V of the New York Convention provides an exhaustive list ...
The New York Convention is not actually the only treaty dealing with cross-border enforcement of arbitration awards. The earlier Geneva Convention on the Execution of Foreign Arbitral Awards 1927 remains in force, but the success of the New York Convention means that the Geneva Convention is rarely utilised in practise.
The UNCITRAL Model Law on International Commercial Arbitration [1] is a model law prepared and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures.
institutional arbitration proceedings are those in which the arbitrators are appointed under the supervision of professional bodies providing arbitration services, such as the American Arbitration Association (which conducts international proceedings through its New York–based division, the ICDR), the Australian Fair Work Commission, the LCIA ...