Presentation
UNCITRAL has requested the assistance of two experts, Professor Emmanuel Gaillard (†) and Professor George Bermann, to prepare a Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) (the "New York Convention"). The Guide aims to promote the uniform and effective interpretation and application of the New York Convention with a view to limit the risk that State practice might diverge from its spirit. The Guide has been presented to the Commission in July 2016.
This online platform supplements the Guide by making available case law implementing the New York Convention from multiple common law and civil law jurisdictions. Case law from other jurisdictions will be continuously added. By monitoring the interpretation and application of the New York Convention by States, as well as the requirements and procedures put in place by States for enforcing an award under the New York Convention, this website assists in the dissemination of information about the New York Convention and limits the risk of legal disharmony in this field. In addition, by assembling case law and legislation from a number of jurisdictions on a publicly accessible platform, it will assist judges, arbitrators, practitioners, academics and Government officials to use more efficiently resources relating to the New York Convention.
The platform is meant to reflect the evolution of case law on the New York Convention and, therefore, updates will be periodically released. Cases are reported in the form of summaries highlighting the interpretation and application of specific provisions of the New York Convention by States. Users are advised to also consult the full text of the original language decisions, which are attached to the summaries.
Message from the Secretary of UNCITRAL (2013)
"The New York Convention is one of the most important and successful United Nations treaties in the area of international trade law, and the cornerstone of the international arbitration system.
The Convention’s principal aim – to oblige State Parties to ensure non-discrimination of foreign and non-domestic arbitral awards, such that these awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards – can best be achieved through the uniform and effective application and interpretation of the Convention.
UNCITRAL strives to build on the success of the New York Convention by promoting such uniform and effective application of the Convention. By making available details on the judicial interpretation of the New York Convention by State Parties, as well as information on the ratification of the Convention where available, this website provides legislators, judges, practitioners, parties and academics with a wealth of jurisdictional information that is dynamic and ever-growing. It supplements the cases collected in the CLOUT (Case Law on UNCITRAL Texts) database. I am hopeful that with the knowledge of and access to case-law and best practices from around the world, convergence toward universal adherence to the New York Convention, together with its uniform interpretation and effective implementation, can be achieved."
-Renaud Sorieul, The Secretary of UNCITRAL
