RECEPTION AND ENFORCEMENT OF INTERNATIONAL ARBITRATION ORDERS AND AWARDS
Despite “globalisation” arbitration remains the one International instrument through which the rule of law can be uniformly implemented in International commercial disputes. However, arbitration orders or awards cannot be enforced without the cooperation of national courts. The problem is that the rules for recognition reception and enforcement of international arbitration orders and awards vary greatly from one jurisdiction to another. The most important organisation in administering international arbitration has just published a 350 page “Guide to National Rules of Procedure for Recognition and Enforcement of New York Convention Awards”. There still are crucial differences in basic concepts, e.g. the extent to which the reception of an interim or protective arbitration order is possible (including attachments, injunctions, seizures, taking of evidence), the substantive effects of an award in state jurisdictions, if and when “res judicata” applies to awards, whether an award may be enforced in a foreign jurisdiction despite it being challenged (and sometimes successfully despite unjustly) in the country of arbitration or despite being partial. The issue of conflicts with national courts is thus an integral part of the problem of reception and enforcement of international arbitration orders and awards. After dealing with this panorama the essay should analyse whether international arbitration law has delivered a satisfactory solution to those issues and, as the case may be, elaborate on how to improve the system.
Prize money: € 4,000.00
(Equivalent to $6,000 by November 2009 exchange rates)
Deadline: Friday 26 March 2010
Word length: 5,000 words
For detailed Guidance Notes and Specifications click here.
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