International Arbitration: New York Convention and Dispute Resolution

Research Diary

Table of Contents
Research Aspect.........................................................................................................................3
Research Summary.....................................................................................................................4
Research Notes...........................................................................................................................6
Reference List............................................................................................................................8

Research Aspect
The international arbitration is a way of mitigating disputes between countries across
international borders. The international arbitration is the most common and useful means of
identifying potential disputes between different parties usually situated in various countries.
This system is accepted on both national and international terms being justified as well on
both terms and it is a general means of different way of resolving disputes (ADR). Disputes
may arise in time of commercial contracts between companies which lead to arbitration. In
order to tame these potential disputes, several clauses have been passed by the companies
which gives rise to arbitration (Born and Born, 2012). Usually, the companies intend to
arbitrate the disputes, in case disputes arise, instead of taking legal actions against each other.
The disputes can be solved by arbitral award provided by binding solutions as per the
arbitration. Generally, these disputes arise between companies working across international
borders resulting into effective implementation of international arbitration.
Recognition enforcement of foreign arbitral awards and referral by a court to arbitration are
the two basic action contemplated by the New York Convention. Article 1 includes The
recognition enforcement of foreign arbitral awards along with the rules and procedures to
such binding awards and enforce them in accordance is stated in Article 3. The second action
is implemented in Article 2 (3), which states that a contracting state’s court, if detained on the
basis of which the parties have created arbitration should follow them. The research work
includes the advantages of the New York Convention of the commercial treaty. The most
important advantage is maintaining confidentiality, providing the parties the right to choose
their judge; the arbitration process can be help out of the court. . The grounds are such as
incapacity of the parties, due processes, jurisdiction of the arbitral tribunal, invalidity of the
arbitration agreement and scope of arbitration agreement. This grounds help in the suspension
of the award in the state or the law under which the award was made. There are also two
other additional grounds which allows the court to refuse the recognition and enforcement of
an award to the groups. Those grounds are made in relation to public policies and arbitration.
The disputes usually potential in nature can be effectively dealt with the process of
arbitration. A binding solution is provided by the process of arbitration in order to solve the
disputes through the means of arbitral award. This award can be brought into force and can
be practiced internationally as per the conditions of the 1958 New York Convention on the