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IBA-UNCITRAL report on the New York Convention
Practical Law Legal Update 2-382-3193 (Approx. 3 pages)
IBA-UNCITRAL report on the New York Convention
by PLC Dispute Resolution
| Published on 18 Jun 2008 • International |
UNCITRAL and the IBA have published a report collating and summarising the results of their investigations into the implementation and interpretation of the New York Convention. Work on the survey started in 1995 with the formulation of a questionnaire which was circulated to states which are party to the Convention. It is recognised that some of the responses may now be out of date. Nevertheless, the report identifies areas where harmonisation is required, including:
- Methods of implementation of the Convention: in particular, whether states have simply ratified it at an international level, or have adopted internally-binding implementing legislation.
- Uncertainties as to the date at which the Convention became binding in states, and possible inconsistencies between the Convention and implementing legislation.
- The effect of reservations under article 1(3) of the Convention, and in particular the fact that official information does not fully reflect states' practices.
- Interpretation of the Convention by national courts; in particular article II (arbitration agreements).
- Procedures for enforcement, including the imposition of fees, time limits, and the documentation required to be submitted.
- The competence of national courts, in particular the availability of appeals from decisions on enforcement.
The report and its proposals will be considered at the 41st Session of the Commission (held in New York between 16 June and 3 July). We will report further on the outcome of those discussions. A helpful Note, produced by the Secretariat, is available on the UNCITRAL website.