Breach of Due Process as a Ground for Non-Recognition and Non-Enforcement of Foreign Arbitral Award Under the New York Convention
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Date
2023-05
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Volume Title
Publisher
The British University in Dubai (BUiD)
Abstract
Various arbitrators and legal scholars worldwide have repeatedly used the term “due process” either during their legal practice or in efforts to help their clients obtain justice. Most attorneys regard It as established accounts of legal procedures based on a system that adheres to the legal knowledge, enhancing and protecting the individuals' rights.
However, its context in the New York Convention award was different. Despite its failure to appear in the report that was made effective in June 1959, it's obvious to note that the Convention's top objective was to promote the importance of acknowledging foreign arbitrations and using them effectively to settle disputes in a way that each part reaps a mutual benefit. Also, the need to make the foreign Arbitral award globally recognized since it steered for standard legislation would promote fairness during the court or arbitration processes. However, even after the agreement to start enforcing the Convention's report, the Foreign Arbitral Award has yet to be fully recognized internationally.
The dissertation will analyze and discuss the reasons for refusing to recognize and implement a foreign arbitral award under the New York Convention, as well as how it is applied by different jurisdictions, with a focus on due process, in terms of its concept, the consequences of its breach, how the courts interpret it and how the parties bring it before the competent court, and finally the conclusion and recommendation.
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Keywords
arbitral award, New York convention
Citation
Oxford Standard for the Citation of Legal Authorities