The Province of New York Convention Determined

DOI

10.2991/978-2-38476-180-7_87How to use a DOI?

Keywords

Arbitration; New York Convention; Foreign Arbitral Awards

Abstract

The New York Convention of 1958 governs the worldwide recognition and execution of foreign arbitral decisions. The Convention prescribes several quintessential rules which leave the contracting States to construe its meaning according to their municipal law respectively. The rules of the convention which specifically contain the words “commercial”, “public policy”, or “reciprocity”, the convention vested national States the discretion to construe the above rules. In many cases, the discretion of national states to construe those rules based on their municipal law has been made the enforcement of foreign arbitral awards carried out inconsistent with the purpose of the Convention. This study discovered that theories of the link between national and international law, such as dualistic or pluralistic theories, had a significant impact on the content of the aforementioned Convention provisions. The issue of epistemological postulates relates to how to define the link between domestic and international law. Depart from intrinsic conditions of jurisprudence, this discussion rejects dualist or pluralist approach to the above rules of the Convention. Hence, the purpose of this discussion is to argue that interpretation to the above rules of the convention should be exercise monistic theory on the relationship between national and international law.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Wayan Suka Wirawan
PY  - 2023
DA  - 2023/12/31
TI  - The Province of New York Convention Determined
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 819
EP  - 826
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_87
DO  - 10.2991/978-2-38476-180-7_87
ID  - Wirawan2023
ER  -