Obstacles to Recognition and Enforcement of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and International Commercial Arbitration Act of Iran (1995)

Document Type : Original Article

Authors

1 Professor, University of Judicial Sciences and Administrative Services, Tehran, Iran.

2 Master of Private Law, Institute for Management and Planning Studies, Tehran, Iran.

Abstract

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is the most successful multilateral document in the field of international trade law, designed to increase the efficiency of the arbitral institution. This document, as one of the most important transnational documents on which the main framework of the international arbitration regime is based, has been created with the aim of facilitating the implementation and effectiveness of arbitration as much as possible. However, Article 5 of the New York Convention has been provided for a condition that, if fulfilled, the non-enforcement of the judgment would be arbitrated. Some of these cases, according to Article (1) 5, require citation and proof by the defendant of the arbitral award in the country where the request is made and are limited to the territory of the court that recognizes or enforces the award. Others, according to Article (2) 5, prevent the implementation of the needs required by the court of the country of identification and implementation, and cases such as public order, and the applicability of the dispute. This article examines the reasons for refusing to recognize and enforce arbitral awards to address the principle of narrow interpretation in favor of enforcement and the exclusion of the grounds for non-recognition and enforcement set forth in Article 5 of the Convention. The New York Convention and International Commercial Arbitration Act of Iran are reviewed in comparison to each other.

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History

  • Receive Date: 30 October 2022
  • Revise Date: 30 November 2022
  • Accept Date: 04 January 2023

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