Comparative Analysis Essays

“not considered as domestic awards in the State where their recognition and enforcement are sought.” 7/ Although the New York Convention does not define “non-domestic award,” FAA §202 does: An agreement or award arising out of [a legal relationship, whether contractual or not, which is considered as commercial, including a transaction, contract, or agreement described in section 2 of this title and] which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states.For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States.

99- 104) of the Arbitration Act of 1996 which deals with the requirements and procedures for enforcing a convention award; • In any other situation not covered by the convention, an action for enforcement can be brought under s.66 of the Arbitration Act of 1996.

The award will be enforced in the same way as a judgement of the court granted the court has given permission for its recognition and enforcement.

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The Act tried to adopt a lot of the provisions of the UNCITRAL Model Law of 1985 and in many ways, avoided many of the shortcomings of the model law.

Comparative Analysis Essays Charles Beard Economic Interpretation Constitution Thesis

In my opinion, it seems to be a very advanced and modern law on the subject that covers many areas on arbitration and by international standards, can be designated as pro-active.The convention was incorporated into American Law by virtue of Chapter two of the United States Federal Arbitration Act, 9 U. The FAA contains the basic procedures for enforcing domestic and foreign arbitration awards in the United States.1/ Its fundamental purpose is to “ensure that private agreements to arbitrate are enforced according to their terms.” 2/ Pursuant to the FAA’s underlying policy in support of arbitration, any doubts must be resolved in favor of arbitration.Recent decisions spanning varying jurisdictions have made this an important issue to discuss as it is important to the core of any arbitration agreement and what the agreement entails.Chapter One tried to introduce the subject of arbitration and took a look at the perceived advantages of arbitration and also examined the procedures for recognition and enforcement under the Convention.It is also important to note that the United Kingdom has enacted its own Arbitration Act of 1996 which came into force on the 31st of January 1997.The Act was intended to replace the older English Acts on the subject (1950, 19) Arbitration Acts and the Consumer Arbitration Agreements Acts of 1988, and in addition, it was intended to make corrections and amendments to existing acts.The more obvious distinction between the methods of enforcement will normally be on the basis of any objections which the respondent has made to enforcement. 66 of the Arbitration Act 1996, the grounds for objecting an award will normally involve the claims to lack of jurisdiction of the arbitral tribunal and in the case of awards made domestically, where there were serious breaches of procedure or there were irregularities in making the award.It can be observed that there is less room to securing an objection under the Convention than is possible under the English Act and it is advised that any claims for enforcement would preferably be brought under the convention as there is a higher chance of success there.The New York Convention makes available certain guidelines regarding enforcement of arbitral awards in jurisdictions other than those in which the arbitral award was made in.But what is important is how various jurisdictions follow the convention in terms of enforcement of these awards and if there enforcement of an award will be in conflict with any domestic laws that exist.