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

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

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)

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

1.3 Does your implementing legislation define the scope of article II of the New York Convention, and, for example, specify which arbitration agreements qualify for referral to arbitration under the New York Convention (e.g., international arbitration agreement, and or agreement between nationals of different States)?

(i) For the validity of the arbitration agreement (New York Convention, article II (1) and (2)

The Commission also considered the status of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

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.

Replies showed that the definition of what States considered to be an arbitration agreement qualifying for referral to arbitration under the New York Convention was generally found in a separate law on commercial arbitration and that the implementing legislation did not specify which arbitration agreements qualified for referral to arbitration under the New York Convention.

(ii) To request a court before which an action has been brought relating to a dispute forming the subject of an arbitration agreement to refer the parties to arbitration (New York Convention, article II(3)) and

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

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ARBITRATION

It also shows the status of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which, although adopted prior to the establishment of the Commission, is closely related to the work of the Commission in the area of international commercial arbitration.

At the diplomatic conference which concluded the New York Convention, a proposal that it provide for national treatment for foreign arbitral awards (i.e. that the rules of procedure for the enforcement of a foreign arbitral award should be identical to those governing the enforcement of a domestic arbitral award) was rejected.

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The Jury

arbitrability

Arbitration

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arbitral tribunal

ARBITRATION COMMISSION

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.

Legislation amending the existing texts on arbitration, referring generally to international conventions in the field of arbitration rather than specifically to the New York Convention

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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).

Arbitration is now more widely accepted than when the New York Convention and the MAL were negotiated.

The PCA also noted that 96 States had ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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It was also observed that the Guidelines would be helpful in ad hoc arbitrations as well as arbitrations administered by arbitral institutions.

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Arbitration Chapter 16

Arbitration Chapter 17

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IV. ARBITRATION COMMISSION

Conferences in Arbitral Proceedings

Though other international conventions apply to the cross border enforcement of arbitration awards, the New York Convention is by far the most important.

The distinction between arbitration clause and arbitration agreement is no longer relevant.

5. International commercial arbitration draft Guidelines for Preparatory Conferences in Arbitral Proceedings.

In the absence of such a reservation, arbitral awards arising out of non commercial relationships would also be enforceable under the New York Convention.

Is the applicant required to present anything else than the arbitral award and the arbitration agreement as provided in article IV of the New York Convention?

The court found that various amendments of the applicable arbitration law permitted enforcement of the award.