International arbitration

International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.[1]

Arbitration agreements and arbitral awards are enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention").[2] The International Centre for the Settlement of Investment Disputes (ICSID) also handles arbitration, but it is limited to investor-state dispute settlement.

The New York Convention was drafted under the auspices of the United Nations and has been ratified by more than 150 countries, including most major countries involved in significant international trade and economic transactions.[3] The New York Convention requires the states that have ratified it to recognize and enforce international arbitration agreements and foreign arbitral awards issued in other contracting states, subject to certain limited exceptions.[4] These provisions of the New York Convention, together with the large number of contracting states, have created an international legal regime that significantly favors the enforcement of international arbitration agreements and awards.[5] It was preceded by the 1927 Convention on the Execution of Foreign Arbitral Awards in Geneva.

  1. ^ Gary B. Born, International Commercial Arbitration, 187, 197, 217 (2009); Julian M. Lew, Loukas A. Mistelis & Stefan M. Kröll, Comparative International Commercial Arbitration 1-10 to 1-11, 6-1 to 6-6 (2003)
  2. ^ Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"), June 10, 1958, http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html
  3. ^ Jason Fry, Recognition And Enforcement Of Foreign Arbitral Awards: A Global Commentary On The New York Convention Foreword (Herbert Kronke, Patricia Nacimiento, Dirk Otto & Nicola Christine Port eds., 2010)
  4. ^ New York Convention, arts. II, III & V, June 10, 1958, http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html; Fouchard Gaillard Goldman On International Commercial Arbitration ¶¶ 250-252 (Emmanuel Gaillard & John Savage eds., 1999)
  5. ^ Gary B. Born, International Arbitration and Forum Selection Agreements: Drafting and Enforcing 10-11, 123-124 (3rd ed. 2010)

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