Parts-Syllabus
Part A
EM103 Maritime Law
Arbitration

Arbitration

Here are the key international conventions for arbitration, along with their salient features and relevance:

1. New York Convention (1958)

  • Full Name: United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
  • Scope: Ensures uniform enforcement of foreign arbitral awards across 172+ contracting states. Applies to awards made outside the enforcing state or deemed “non-domestic” under local law .
  • Key Provisions:
    • Article II: Requires courts to refer parties to arbitration if a valid written agreement exists.
    • Article V: Lists limited grounds for refusing enforcement (e.g., invalid arbitration agreement, procedural unfairness, or public policy violations) .
  • Impact: Replaced the Geneva Protocol (1923) and Geneva Convention (1927), becoming the cornerstone of international arbitration .

2. ICSID Convention (1966)

  • Full Name: Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.
  • Scope: Governs investor-state arbitration under the World Bank’s ICSID. Ratified by 158 states .
  • Key Features:
    • Establishes procedural rules for arbitration and conciliation.
    • Awards are enforceable like domestic court judgments in member states (no recourse to national courts) .

3. European Convention on International Commercial Arbitration (1961)

  • Scope: Streamlines arbitration procedures in Europe, focusing on arbitration agreements and procedural flexibility .
  • Distinction: Complements the New York Convention but is less widely adopted.

4. Panama Convention (1975)

  • Full Name: Inter-American Convention on International Commercial Arbitration.
  • Scope: Covers commercial arbitration in the Americas, similar to the New York Convention but with regional focus .

5. UNCITRAL Model Law (1985, amended 2006)

  • Status: Not a treaty but a framework adopted by 80+ countries to harmonize arbitration laws (e.g., Canada, Australia, India) .
  • Key Aspects:
    • Defines arbitration procedures, interim measures, and award enforcement.
    • Integrates with the New York Convention for enforcement .

Other Notable Instruments

  • Mauritius Convention (2014): Extends transparency rules in investor-state arbitration.
  • Singapore Convention (2020): Enforces mediated settlement agreements (distinct from arbitration) .

Upcoming Arbitration Events (2025)

  • ICC New York Conference (Sep 18–19): Focus on interim measures and trends .
  • New York Arbitration Week (Nov 17–21): Networking and case law updates .

For ratification status or specific provisions, refer to the UN Treaty Collection or ICSID’s database . Would you like details on a specific convention’s application?

IndianwaterawysArbitration and Dispute Resolution