The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Also known as the New York Convention; the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was signed in 10 June 1958 and entered into force, 7 June 1959. The Convention applies to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought. It applies to arbitral awards not considered as domestic awards in the State where their recognition and enforcement is sought. June 10 is the 161st day of the year in the Gregorian calendar (162nd in leap years), with 204 days remaining. ... 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ... June 7 is the 158th day of the year in the Gregorian calendar (159th in leap years), with 207 days remaining. ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ...

Other international conventions also apply to the cross border enforcement of arbitration awards, but the New York Convention is by far the most widely adopted and the most important.

Background

International arbitration is an increasingly popular means of alternative dispute resolution for the cross-border conduct of business due to the flexibility and lower cost of arbitration proceedings as compared to litigation. In addition, businesses often prefer arbitration because foreign courts are more likely to enforce an arbitral award against their nationals. A damages award issued by the claimant's country of nationality will need to be enforced abroad if the defendant corporation or individual does not have assets in the awarding country. The United States became a party in 1970. INTERNATIONAL ARBITRATION: International arbitration is a proceeding in which two public or private entities refer their differences to one or more selected persons (usually an odd number), who issue a binding decision. ... This article is in need of attention from an expert on the subject. ... 1970 (MCMLXX) was a common year starting on Thursday (the link is to a full 1970 calendar). ...

Summary of provisions

Under the Convention, an arbitration award issued in any a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Those defenses are: An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. ...

1. a party to the arbitration agreement was, under the law applicable to him, under some incapacity;
2. the arbitration agreement was not valid under its governing law;
3. a party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present its case;
4. the award deals with an issue not contemplated by or not falling within the terms of the submission to arbitration, or contains matters beyond the scope of the arbitration (subject to the proviso that an award which contains decisions on such matters may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those matters not so submitted);
5. the composition of the arbitral tribunal was not in accordance with the agreement of the parties or, failing such agreement, with the law of the place where the hearing took place (the "lex loci arbitri");
6. the award has not yet become binding upon the parties, or has been set aside or suspended by a competent authority, either in the country where the arbitration took place, or pursuant to the law of the arbitration agreement;
7. the subject matter of the award was not capable of resolution by arbitration; or
8. enforcement would be contrary to "public policy".

The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ... In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ... An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. ... The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ... Public policy is a course of action or inaction chosen by public authorities to address a problem. ...

Text

The text of the convention is available online.[1]

List of parties to the Convention (as of February 2002)

• Albania, on 27 June 2001
• Algeria, on 7 February 1989
• Antigua and Barbuda, on 2 February 1989
• Argentina, on 14 March 1989
• Armenia, on 29 December 1997
• Australia, on 26 March 1975
• Austria, on 2 May 1961
• Azerbaijan, on 29 February 2000
• Bahrain, on 6 April 1988
• Bangladesh, on 6 May 1992
• Barbados, on 16 March 1993
• Belarus, on 15 November 1960
• Belgium, on 18 August 1975
• Benin, on 16 May 1974
• Bolivia, on 28 April 1995
• Bosnia and Herzegovina, on 1 September 1993
• Botswana, on 20 December 1971
• Brazil, in 2002
• Brunei Darussalam, on 25 July 1996
• Bulgaria, on 10 October 1961
• Burkina Faso, on 23 March 1987
• Cambodia, on 5 January 1960
• Cameroon, on 19 February 1988
• Canada, on 12 May 1986
• Central African Republic, on 15 October 1962
• Chile, on 4 September 1975
• China, on 22 January 1987
• Colombia, on 25 September 1979
• Costa Rica, on 26 October 1987
• Côte d'Ivoire, on 1 February 1991
• Croatia, on 26 July 1993
• Cuba, on 30 December 1974
• Cyprus, on 29 December 1980
• Czech Republic, on 30 September 1993
• Denmark, on 22 December 1972
• Djibouti, on 14 June 1983
• Dominica, on 28 October 1988
• Ecuador, on 3 January 1962
• Egypt, on 9 March 1959
• El Salvador, on 26 February 1998
• Estonia, on 30 August 1993
• Finland, on 19 January 1962
• France, on 26 June 1959
• Georgia, on 2 June 1994
• Germany, on 30 June 1961
• Ghana, on 9 April 1968
• Greece, on 16 July 1962
• Guatemala, on 21 March 1984
• Guinea, on 23 January 1991
• Haiti, on 5 December 1983
• Holy See, on 14 May 1975
• Honduras, on 3 October 2000
• Hungary, on 5 March 1962
• Iceland, on 24 January 2001
• India, on 13 July 1960
• Indonesia, on 7 October 1981
• Iran, Islamic Republic of, on 15 October 2001
• Ireland, on 12 May 1981
• Israel, on 5 January 1959
• Italy, on 31 January 1969
• Japan, on 20 June 1961
• Jordan, on 15 November 1979
• Kazakhstan, on 20 November 1995
• Kenya, on 10 February 1989
• Korea, Republic of, on 8 February 1973
• Kuwait, on 28 April 1978
• Kyrgyzstan, on 18 December 1996
• Lao People's Democratic Republic, on 17 June 1998
• Latvia, on 14 April 1992
• Lebanon, on 11 August 1998
• Lesotho, on 13 June 1989
• Lithuania, on 14 March 1995
• Macedonia, the former Yugoslav Republic of, on 10 March 1994
• Madagascar, on 16 July 1962
• Malaysia, on 5 November 1985
• Mali, on 8 September 1994
• Malta, on 22 June 2000
• Mauritania, on 30 January 1997
• Mauritius, on 19 June 1996
• Mexico, on 14 April 1971
• Moldova, Republic of, on 18 September 1998
• Monaco, on 2 June 1982
• Mongolia, on 24 October 1994
• Morocco, on 12 February 1959
• Mozambique, on 11 June 1998
• Nepal, on 4 March 1998
• Netherlands, on 24 April 1964
• New Zealand, on 6 January 1983
• Niger, on 14 October 1964
• Nigeria, on 17 March 1970
• Norway, on 14 March 1961
• Oman, on 25 February 1999
• Panama, on 10 October 1984
• Paraguay, on 8 October 1997
• Peru, on 7 July 1988
• Philippines, on 6 July 1967
• Poland, on 3 October 1961
• Portugal, on 18 October 1994
• Romania, on 13 September 1961
• Russian Federation, on 24 August 1960
• Saint Vincent and the Grenadines, on 12 September 2000
• San Marino, on 17 May 1979
• Saudi Arabia, on 19 April 1994
• Senegal, on 17 October 1994
• Singapore, on 21 August 1986
• Slovakia, on 28 May 1993
• Slovenia, on 6 July 1992
• South Africa, on 3 May 1976
• Spain, on 12 May 1977
• Sri Lanka, on 9 April 1962
• Sweden, on 28 January 1972
• Switzerland, on 1 June 1965
• Syrian Arab Republic, on 9 March 1959
• Tanzania, United Republic of, on 13 October 1964
• Thailand, on 21 December 1959
• Trinidad and Tobago, on 14 February 1966
• Tunisia, on 17 July 1967
• Turkey, on 2 July 1992
• Uganda, on 12 February 1992
• Ukraine, on 10 October 1960
• United Kingdom of Great Britain and Northern Ireland, on 24 September 1975
• United States of America, on 30 September 1970
• Uruguay, on 30 March 1983
• Uzbekistan, on 7 February 1996
• Venezuela, on 8 February 1995
• Vietnam, on 12 September 1995
• Yugoslavia, on 12 March 2001
• Zimbabwe, on 26 September 1994

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October 17 is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by United Nations. ... August 21 is the 233rd day of the year (234th in leap years) in the Gregorian Calendar. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... May 28 is the 148th day of the year in the Gregorian calendar (149th in leap years). ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... July 6 is the 187th day of the year (188th in leap years) in the Gregorian Calendar, with 178 days remaining. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... May 3 is the 123rd day of the year in the Gregorian calendar (124th in leap years). ... 1976 (MCMLXXVI) was a leap year starting on Thursday. ... May 12 is the 132nd day of the year in the Gregorian Calendar (133rd in leap years). ... For the album by Ash, see 1977 (album). ... April 9 is the 99th day of the year in the Gregorian calendar (100th in leap years). ... 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar). ... January 28 is the 28th day of the year in the Gregorian calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... June 1 is the 152nd day of the year in the Gregorian calendar (153rd in leap years), with 213 days remaining. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... March 9 is the 68th day of the year in the Gregorian Calendar (69th in Leap years). ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ... October 13 is the 286th day of the year (287th in leap years) in the Gregorian calendar. ... 1964 (MCMLXIV) was a leap year starting on Wednesday (the link is to a full 1964 calendar). ... December 21 is the 355th day of the year (356th in leap years) in the Gregorian calendar. ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ... February 14 is the 45th day of the year in the Gregorian calendar. ... 1966 (MCMLXVI) was a common year starting on Saturday (the link is to a full 1966 calendar). ... July 17 is the 198th day (199th in leap years) of the year in the Gregorian calendar, with 167 days remaining. ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ... July 2 is the 183rd day of the year (184th in leap years) in the Gregorian Calendar, with 182 days remaining. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... February 12 is the 43rd day of the year in the Gregorian Calendar. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... October 10 is the 283rd day of the year (284th in Leap years). ... 1960 (MCMLX) was a leap year starting on Friday (the link is to a full 1960 calendar). ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent... September 24 is the 267th day of the year (268th in leap years). ... 1975 (MCMLXXV) was a common year starting on Wednesday. ... September 30 is the 273rd day of the year (274th in leap years) in the Gregorian calendar. ... 1970 (MCMLXX) was a common year starting on Thursday (the link is to a full 1970 calendar). ... March 30 is the 89th day of the year in the Gregorian Calendar (90th in leap years). ... 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ... February 7 is the 38th day of the year in the Gregorian Calendar. ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... February 8 is the 39th day of the year in the Gregorian Calendar. ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... Portal:Currentevents September 12 is the 255th day of the year (256th in leap years). ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... Yugoslavia (Jugoslavija in South Slavic languages, Југославија (Serbian, Macedonian Cyrillic): Land of the South Slavs) describes three separate political entities that existed on the Balkan Peninsula in Europe, during most of the 20th century. ... March 12 is the 71st day of the year in the Gregorian Calendar (72nd in leap years). ... 2001: A Space Odyssey. ... September 26 is the 269th day of the year (270th in leap years) in the Gregorian calendar. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by United Nations. ...

External link

• Neil J. Saltzman, The Enforcement of Foreign Awards in New York State