header-logo header-logo

04 December 2008 / Steven Friel , Mercedes Castillo
Issue: 7348 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

The autonomy of arbitration

Steven Friel & Mercedes Castillo applaud the English courts’ continuing support for the arbitral process

The ease of enforcement of arbitral awards, particularly in the international context, is one of the advantages of arbitration over court litigation. The International Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention) obliges contracting states (which include most jurisdictions around the world) to recognise foreign arbitral awards as binding and to enforce them in accordance with their rules of procedure.

The New York Convention, which this year celebrates its 50th birthday, is considered to be a great success and one of the main reasons behind the success of international arbitration. That a successful party can easily enforce an arbitral award in most jurisdictions around the world, often much easier than enforcing a court judgment, is a great support for the efficiency of the arbitral process.

Also seen as a great success, the Arbitration Act 1996 (AA 1996) sets out the rules and procedures to be followed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
back-to-top-scroll