RESISTING ENFORCEMENT OF A FOREIGN ARBITRAL AWARD UNDER THE NEW YORK CONVENTION

Abstract

Foreign arbitral awards under the New York Convention has been defined in many ways by different writers and academics as well as grounds for resisting enforcement of a foreign arbitral award. This is because every writer defines an expression for his own purpose and idiosyncrasy. More so, since different jurisdictions (countries) have different laws governing both their domestic laws and international treaties, one can see different legal regimes in two different countries for an example. Therefore, resisting enforcement of foreign arbitral award under the New York Convention may not be uniform as a result of domestic laws of different jurisdictions. The above notwithstanding, parties ordinarily resolve international commercial disputes by arbitration. Because of expansion of International Trade, a rising number of questions about the procedures and laws that regulate international arbitration will confront the attorneys and judges who handle business matters. The most critical aspect of arbitration to international business is the enforcement of the award and its resistance. Consequently, knowledge of enforcement procedures is especially important to the international legal community. This article discusses the role that New York Convention has played in harmonising the grounds upon which enforcement of a foreign arbitral award can be resisted.