Arbitration agreements—requirements of the New York Convention


Published by a ½Û×ÓÊÓƵ Arbitration expert
Practice notes

Arbitration agreements—requirements of the New York Convention


Published by a ½Û×ÓÊÓƵ Arbitration expert

Practice notes
imgtext

The New York Convention and arbitration agreements

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) sets out the requirements for valid arbitration agreements, which Contracting States to the New York Convention undertake to recognise. The mandatory nature of the requirement to recognise and enforce valid arbitration agreements has been confirmed by legislation and decisions in most jurisdictions.

The scope of the New York Convention was initially intended to be limited to the recognition and enforcement of arbitral awards alone, but a specific provision on the recognition and enforcement of arbitration agreements was included during the final few weeks before the New York Convention was adopted (and when the text was largely agreed), which explains why this aspect of the New York Convention is not reflected in the treaty’s title or in other provisions of the New York Convention where one may have expected reference to have been made had the drafters had more time.

For guidance on the recognition and enforcement of arbitral awards pursuant to the New York

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

Read more readmore

Popular documents

A guide to the Arbitration Act 1996 (AA 1996)

A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts,

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

The seat of the arbitration

The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland (England and English are used as shorthand throughout). Practice Note: Choosing the seat of arbitration may also be of

Arbitral awards—types, requirements and effect

Arbitral awards—types, requirements and effectNote: some of the guidance in this Practice Note was developed from content originally produced in partnership with CMS.This Practice Note considers the different types of arbitration awards and their requirements where the seat of the arbitration is,