New York Convention

The convention lays down a simple rule: States recognise foreign arbitral awards as binding and enforce them in accordance with their rules of procedure, without conditions more onerous than for domestic awards. The party seeking enforcement produces the original or a certified copy of the award and of the arbitration agreement.

The judge seized does not re-examine the merits of the dispute. The judge checks only compliance with formal conditions and the absence of grounds for refusal.

The grounds for refusal are limited and strictly interpreted: incapacity of a party or invalidity of the arbitration agreement, breach of the rights of the defence, an award beyond the terms of the agreement, irregular constitution of the tribunal, an award not yet binding or set aside, non-arbitrability of the dispute or conflict with the public policy of the country of enforcement.

In practice, refusals are rare. The TAO ensures that its procedures scrupulously respect the rights of the defence and formalities in order to minimise these risks.

Some States have made reservations, for example limiting the convention to awards made in another State party or to commercial disputes. The Registry maintains a table of reservations and local practices.

For States whose judges are less familiar with arbitration, the Registry recommends using a local lawyer and prepares certified translations of the award and the arbitration agreement.

The New York Convention is supplemented by regional instruments (notably the Geneva and Panama conventions), bilateral agreements and the 1985 UNCITRAL Model Law on International Commercial Arbitration, adopted in many States. The TAO relies on these texts for States that are not parties to the convention.

For non-party States, enforcement may go through bilateral conventions or national law. The Registry advises the parties case by case.