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Under American law, the recognition of foreign arbitral awards is governed by chapter 2 of the Federal Arbitration Act, which incorporates the New York Convention. [5] Therefore, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts state law. In Foster v.
The U.S. is a signatory to international conventions regulating the enforcement of arbitration awards, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards [68] [69] (often referred to as the "New York Convention"), and the Inter-American Convention on International Commercial Arbitration, 14 I.L.M. 336 (1975 ...
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 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.
It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958, an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to the New York ...
The British Virgin Islands acceded to the 1958 New York Convention on 25 May 2014. Prior to that date it was possible to enforce arbitral awards from New York Convention states under the old Arbitration Cap, 1976 which had incorporated the provisions of the Convention into domestic law with effect to the recognition of overseas arbitration ...
Chapter 2: Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Chapter 3: Inter-American Convention on International Commercial Arbitration; Chapter 4: Arbitration of Disputes Involving Sexual Assault and Sexual Harassment; The Inter-American Convention on International Commercial Arbitration was adopted on 30 January 1975 ...