International%20Arbitration

1
International Arbitration

• Enforcement
• The New York Convention
• David Greene
• Edwin Coe LLP London

2
Why arbitration for international disputes?

• Neutral
• Independent without interference
• Confidential
• Specialist
• Delay
• Recognition
• Enforceable
• Relevance of costs

3
Recognition and Enforceability

• City a small place
• Conservative nature
• Move on in rising market
• Embarrassment factor
• Conflict with other shareholders

4
Whats changing

• 1958 New York Convention
• The single most important pillar on which the
  edifice of international arbitration rests
• Why is it important to us and what can we do
• Ratification part of the story
• Applies to awards that are not considered as
  domestic awards
• Article II deals with recognition of the
  arbitration agreement unless null void
  inoperative or incapable of being performed

5
New York Convention

• Articles III and IV on recognition of award and
  enforcement under domestic procedure

6
New York Convention

• Article V Refusal
• Incapacity or invalid agreement
• No notice of proceedings or otherwise unable to
  present case
• Dispute outside scope of agreement
• Tribunal not in accord with agreement
• Award not binding
• Subject matter not capable
• Public policy (but see European Convention)

7
The result

• A dispute resolution system that works and
  underlies international commerce
• The devil is in the detail of the agreement