header-logo header-logo

02 December 2016 / Jan-Jaap Baer
Issue: 7725 / Categories: Features , Profession , ADR
printer mail-detail

New York state of mind

nlj_7725_baer

Will the Hague Convention be to court litigation what the New York Convention has been to arbitration, asks Jan-Jaap Baer

When it comes to doing business internationally, there are two important and related disputes risks that parties typically address upfront in their contracts:

  • Forum risk—in what forum will any dispute be resolved?
  • Enforcement risk—will you get a court judgment or arbitral award which “travels” well, allowing swift and easy access to the rewards of your victory?

In both areas arbitration currently has benefits over court litigation. This is due to the successful 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) which ensures that:

  • arbitration agreements are widely recognised, whereas choice of court agreements are not always respected under divergent national rules, particularly where cases are brought before a court other than that chosen by the parties;
  • arbitral awards are generally easier to enforce than court judgments, as most countries are party to the New York Convention but there is no real equivalent for court
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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll