Volume 26, Issue 96 (winter 2021)                   __Judicial Law Views __2012__, 26(__59__): __22492 | Back to browse issues page

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Mafi H, Eshaghi M. Reflection on Foreign Arbitratral Award from the Perspective of United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958). دیدگاه‌های حقوقی 2021; 26 (96) :69-92
URL: http://jlviews2.ujsas.ac.ir/article-1-1957-en.html
Reflection on Foreign Arbitratral Award from the Perspective of United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958)
Homayoon Mafi *1, Mahshid Eshaghi2
1- ujsas , hmynmafi@yahoo.com
2- IMPS
Abstract:   (706 Views)
The Convention of Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument that facilitates the enforcement of decisions of the arbitration body. In accordance with Article1, this convention is applied to a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered as domestic awards. Therefore, the scope of the application of this convention depends on the notion of “arbitrator’s award” and “foreign arbitration award”; because these two notions can determine the awards which should be executed under the rules of the convention and gain its benefits. Additionally, the concept of foreign award is relatively dependent upon recognition of the court that wants to enforce it. However, the convention gives no clear definition of the foreign arbitration award. So in this paper, clarification of the mentioned concept is one of the convention’s requirements in terms of executive scope.
 
Keywords: New York Convention, Award, Foreign, Criteria, Scope.
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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2020/10/27 | Revised: 2022/12/19 | Accepted: 2021/12/14 | Published: 2022/02/20 | ePublished: 2022/02/20
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