Is the New York Convention self executing?

Is the New York Convention self executing?

In granting Lloyd’s and CJW’s motion to compel arbitration, the district court held that the Article II, Section 3 of the New York Convention is self-executing and not an “Act of Congress” under the McCarran-Ferguson Act.

On what basis can an award enforceable under the 1958 New York Convention be challenged?

Article V(1)(a) of the New York Convention provides that enforcement of an award may be refused if the arbitration agreement was not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made.

What does the NY Convention do?

What is the New York Convention? The aim of the Convention is to ensure the enforcement of foreign arbitration awards worldwide.

Why is the 1958 New York Convention important?

The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards – known as the “New York Convention”- has been described as the most important and successful United Nations treaty in the area of international trade law.

What is binding individual arbitration?

Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision. Arbitration takes the place of a trial before a judge or jury.

What is an arbitration agreement under the New York Convention?

Arbitration Agreement Under Uncitral Model Law and New York Convention 1 (1) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have… 2 (2) The arbitration agreement shall be in writing.”[5] More

What is the Convention on the recognition of Foreign Arbitral Awards?

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the “New York Arbitration Convention” or the “New York Convention”, is one of the key instruments in international arbitration.

What is the New York Convention?

The New York Convention The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the “New York Arbitration Convention” or the “New York Convention”, is one of the key instruments in international arbitration.

Does UNCITRAL Model Law apply to arbitration agreements?

As will be argued this essay will discuss the main characteristics of UNCITRAL Model Law and New York Convention with respect to the arbitration agreement.