Issue 6 Recognition and enforcement

Article 35. Recognition and enforcement

Section 4 Recognition and enforcement of interim measures

Article 17 novies Recognition and enforcement of interim measures

Conclusions reached by the Working Group regarding recognition and enforcement

H. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)

Article 17 decies Grounds for refusing recognition or enforcement of interim measures

(1) Recognition or enforcement of an interim measure may be refused only

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

keywords arbitral tribunal arbitration clause award enforcement of award recognition of court jurisdiction

(e) Consider ratifying the Hague Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations.

In addition, it was said that provisions on recognition and enforcement were not considered a commercial necessity.

(i) Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (new action by Afghanistan 135 States parties)

This State will apply the Convention only to recognition and enforcement of awards made in the territory of another contracting State.

Information regarding the recognition and enforcement of such awards in Belarus had been sent to the Commission's secretariat in August 2005.

The content of the footnote applies to the grounds for refusing recognition and enforcement and therefore relates to the content of article 17 decies.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) requires arbitration agreements to be in writing.

In practice, therefore, only CISG and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention) would be affected.

62 65. Fiftieth anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958

UNCITRAL continued to monitor the legislative implementation of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).

(ii) any of the grounds set forth in article 36, paragraphs (1)(b)(i) or (ii) apply to the recognition and enforcement of the interim measure.

The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

The enforcement court found that the lack of competence of the arbitral tribunal could not be invoked at the time of the recognition of the arbitral award.

The following text sets out a proposal as to the presentation of the draft legislative provisions on interim measures and preliminary orders, recognition and enforcement of interim measures and court ordered interim measures.

(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension or modification of that interim measure.

Since 1995, the Secretariat has circulated a questionnaire to the States parties to the Convention requesting them to send replies and copies of their laws that deal with the recognition and enforcement of foreign arbitral awards.

The Working Group also had a brief discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal (based on the document A CN.9 WG.II WP.119, para. 83).

The Working Group also commenced discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal based on a note prepared by the Secretariat (A CN.9 WG.II WP.125).

The Working Group also had a brief discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal (based on the document A CN.9 WG.II WP.119, para. 83).

The Working Group also commenced discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal based on a note prepared by the Secretariat (A CN.9 WG.II WP.125).

1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

It was suggested that text drawn from the Brussels I European Regulation (Council Regulation (EC) No. 44 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) presented a suitable and well tested alternative.

(iii) To comply with the essential requirement that the arbitration agreement be supplied when application is made to a court or competent authority for recognition and enforcement of an award (New York Convention, article IV(1)).

Recognition

Recognition

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959.

While there was support for this view, it was suggested that experience had shown in the context of other negotiations on international instruments that agreement was difficult to reach with respect to provisions on recognition and enforcement.

As agreed by the Working Group, the provisions on interim measures, preliminary orders, recognition and enforcement of interim measures and court ordered interim measures are placed in a new chapter, numbered chapter IV bis (A CN.9 589, para.

She deserves respect and recognition.

Recognition of the latter does not imply recognition of a state.

Discussions were still pending on, inter alia, draft articles relating to the recognition and enforcement of interim measures of protection issued by an arbitral tribunal and to the power of state courts to issue interim measures in support of arbitration.

(c) The bill is divided basically into eight chapters, as follows general provisions, letters rogatory, extradition of persons and surrender of things, transfer of criminal proceedings, recognition and enforcement of criminal judgements, transfer of convicted persons, cooperation with international criminal courts.

Criminalization and law enforcement

Implementation and enforcement issues