The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958

Homayoun Mafi; Mahshid Eshaghi

doi:doi:10.11648/j.ijls.20220501.11

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The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958

Homayoun Mafi, Mahshid Eshaghi

Published in International Journal of Law and Society (Volume 5, Issue 1)

Received: 29 November 2021 Accepted: 25 December 2021 Published: 8 January 2022

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Abstract

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.

Published in	International Journal of Law and Society (Volume 5, Issue 1)
DOI	10.11648/j.ijls.20220501.11
Page(s)	1-10
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

New York Convention, Arbitral Award, Foreign Arbitral Award, Criteria, Scope

References

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APA Style

Homayoun Mafi, Mahshid Eshaghi. (2022). The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. International Journal of Law and Society, 5(1), 1-10. https://doi.org/10.11648/j.ijls.20220501.11

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ACS Style

Homayoun Mafi; Mahshid Eshaghi. The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. Int. J. Law Soc. 2022, 5(1), 1-10. doi: 10.11648/j.ijls.20220501.11

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AMA Style

Homayoun Mafi, Mahshid Eshaghi. The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. Int J Law Soc. 2022;5(1):1-10. doi: 10.11648/j.ijls.20220501.11

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@article{10.11648/j.ijls.20220501.11,
  author = {Homayoun Mafi and Mahshid Eshaghi},
  title = {The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {1-10},
  doi = {10.11648/j.ijls.20220501.11},
  url = {https://doi.org/10.11648/j.ijls.20220501.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.11},
  abstract = {The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.},
 year = {2022}
}

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TY  - JOUR
T1  - The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958
AU  - Homayoun Mafi
AU  - Mahshid Eshaghi
Y1  - 2022/01/08
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N1  - https://doi.org/10.11648/j.ijls.20220501.11
DO  - 10.11648/j.ijls.20220501.11
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
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AB  - The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.
VL  - 5
IS  - 1
ER  -

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Author Information

Homayoun Mafi

International Trade Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Mahshid Eshaghi

Private Law, Institute of Management and Planning Study, Tehran, Iran

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APA Style

Homayoun Mafi, Mahshid Eshaghi. (2022). The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. International Journal of Law and Society, 5(1), 1-10. https://doi.org/10.11648/j.ijls.20220501.11

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ACS Style

Homayoun Mafi; Mahshid Eshaghi. The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. Int. J. Law Soc. 2022, 5(1), 1-10. doi: 10.11648/j.ijls.20220501.11

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AMA Style

Homayoun Mafi, Mahshid Eshaghi. The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958. Int J Law Soc. 2022;5(1):1-10. doi: 10.11648/j.ijls.20220501.11

Copy | Download

@article{10.11648/j.ijls.20220501.11,
  author = {Homayoun Mafi and Mahshid Eshaghi},
  title = {The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {1-10},
  doi = {10.11648/j.ijls.20220501.11},
  url = {https://doi.org/10.11648/j.ijls.20220501.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.11},
  abstract = {The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958
AU  - Homayoun Mafi
AU  - Mahshid Eshaghi
Y1  - 2022/01/08
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.11
DO  - 10.11648/j.ijls.20220501.11
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 1
EP  - 10
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.11
AB  - The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.
VL  - 5
IS  - 1
ER  -

Copy | Download