Foreign Arbitration Essay

1207 words - 5 pages

1 Implementation of the Provisions of the Foreign Arbitration
In many states laws are controlling the issue of implementation of the arbitral awards which are issued in that state. But when the decision is taken to a foreigner who is in a country other than the state, It must be noted in this regard that when it comes to the implementation of the decision of a foreigner must search in how to recognize and implement these decisions in the texts of international conventions that deal with this topic such as the Convention of New York in 1958 and the Geneva Convention 1927. Because the implementation of resolution which is on the face of difficulties arising from different legal ...view middle of the document...

We must emphasize here that all agreements mentioned have been left holding the implementation of the arbitral award to the legal norms of the country which has performed the arbitration decision in it, and prevail these agreements idea of infinite in which it was promoted by the court or the party that lend character Executive refereeing decisions, only to review the decision to see that they meet the formal requirements and procedural rules that have been applied, and to know that the principles concerning the right of the parties in the defence and if it has been treated on an equal balance which needs to be respected.
As well, some international conventions mentioned documents and documents with a request for implementation to the expert authority in the country to be implementing the arbitral award as it has been stated in (Article 4) of the Geneva Convention of 1927 and Article 94 of the Convention New York, 1958, and Article (5) of the Riyadh Convention on Judicial Cooperation.
On the other hand, most of the Arab Commercial Arbitration Conventions don't want to refer the documents which must be submitted by the implementation applicant to the competent authority. And in this issue the Arab convention has said that he national legislation that defines the documents that must be attached to the resolution when it is submitted to the medium-to , is intended to implement the resolution. Implementation of the decisions of Arbitration under Bilateral International Agreements.
A state may share another state in the agreement which is provided for the implementation of the arbitral awards issued in one of these countries or states. and this is often found within the texts of the agreement that address the issues of judicial cooperation between the two countries, and these issues are the implementation of judicial decisions and the implementation of the arbitral awards in one of these countries. There are many examples of such agreements: for instance, the Convention on judicial and legal cooperation concluded between the Republic of Iraq and the Soviet Socialist Republic ratified by Law No. 104 of 1973.
In the third chapter, this agreement has addressed the issue of recognition of the Foreign Arbitral Awards and implementation (Articles 14-19) which has stated in Article (16) that Foreign Arbitral Awards and implementation doesn't have the power to ask them to implement the decision of the arbitrators issued by the state of the other contracting party. That decision was issued to reconsider the merits of the dispute. They only have the right to refuse the implementation of the decision of the arbitrators which are submitted to that state, if any...

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