The New York Convention—the recognition and enforcement of arbitral awards—an introduction

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • The New York Convention—the recognition and enforcement of arbitral awards—an introduction
  • What is the New York Convention?
  • Meaning of ‘arbitral awards’
  • Final and binding
  • Accession to the New York Convention may not be conclusive
  • Pro-enforcement policy (Article III of the New York Convention)
  • The application for recognition or enforcement—the formal requirements (Article IV of the New York Convention)
  • Grounds for refusal of recognition or enforcement (Article V of the New York Convention)
  • Article V(1)(a) of the New York Convention—incapacity of the parties to the arbitration agreement
  • Article V(1)(a) of the New York Convention—arbitration agreement not valid
  • More...

The New York Convention—the recognition and enforcement of arbitral awards—an introduction

This Practice Note provides an introduction to the recognition and enforcement of arbitral awards pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and should be read in conjunction with Practice Note: Recognition and enforcement of international arbitral awards—an introduction and International arbitration—enforcing international arbitral awards—overview. For guidance on enforcement of arbitration awards in England and Wales, see Practice Note: Enforcing arbitral awards in England and Wales. An earlier version of this Practice Note was produced in partnership with 39 Essex Chambers.

The case law referred to in this Practice Note is for illustrative purposes only and should not be relied on for the purposes of seeking recognition and enforcement in a particular jurisdiction. Note: the UNCITRAL Secretariat Guide on the New York Convention (2016) (the UNCITRAL Secretariat Guide) referred to in this Practice Note is not an official interpretation of the New York Convention but it is highly authoritative given its objective stance and the calibre of its authors.

What is the New York Convention?

The New York Convention is concerned with the recognition and enforcement of international arbitral awards in states other than the states in which they were made. The treaty is the primary mechanism by which international arbitration awards are recognised and enforced around the

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