New York Convention

In a world characterised by globalised trade and commerce on the one hand and deteriorating judicial services on the other arbitration has become the dispute resolution mechanism of choice in crossborder commercial transactions. International arbitration not only paves the way for parties to avoid state courts. It also facilitates transnational enforceability of awards far beyond the enforceability of state court judgements. The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention) of 10 June 1958, entering into force one year after. In the meantime, the NY Convention has been ratified by 144 states, including all trading nations of importance.

For good reasons, the NY Conventions is labelled the Magna Charta of international arbitration. The courts of any contracting state are required "to give effect to an agreement to arbitrate when seized of an action in a matter covered by an arbitration agreement and also to recognize and enforce awards made in other States, subject to specific limited exceptions" (UNCITRAL).


The 16 articles of the Convention are dealt with article-by-article with a clear structure which swiftly guides the reader to the issue he or she is engaged with:


Preliminary Remarks:

- Article I [Scope of Application]
- Article II [Recognition of Arbitration Agreements]
- Article III [Recognition of Arbitral Awards; General Rule]
- Article IV [Formal Requirements for Recognition of Arbitral Awards]
- Article V [Grounds for Refusal of Recognition of Arbitral Awards]
- Article VI [Adjournment of Decision on Enforcement]
- Article VII [Other Enforcement Regimes]
- Article VIII [Signing and Ratifying the Convention]
- Article IX [Accession]
- Article X [Extension to Other Territories]
- Article XI [Federal or Non-Unitary States]
- Article XII [Coming into Force]
- Article XIII [Denunciation]
- Article XIV [No Avail Against other Contracting States]
- Article XV [Notifications]
- Article XVI [Official Languages; Transmission of Copies]

Der Titel ist im Beck-Online Modul Verfahrens- und Schiedsrecht INTERNATIONAL enthalten.