Originally from the Journal of Enforcement of Arbitration Awards

Preview Page

Introduction and Overview 

Article V of The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is at the heart of the modern international arbitration regime. The convention ensures that international arbitral awards have teeth by requiring local courts in States that are party to the New York Convention to recognize and enforce awards rendered by international tribunals except in specific, limited circumstances. This promotes legitimacy and confidence in the system which causes parties to continue using international arbitration.  

Article V contains two paragraphs. Paragraph 1 sets out most of the circumstances under which a court may refuse to recognize an award under the New York Convention. They do not permit a reviewing court to consider the merits of an award and are limited, generally, to issues of procedural fairness and jurisdiction. Under Article V, paragraphs 1(a)–(e), a court may refuse to recognize an award where (our paraphrasing): 

• The parties to the arbitration agreement were under an incapacity or the arbitration agreement was invalid;
• The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case