Book contents
- Frontmatter
- Contents
- PART I International Court of Justice
- PART II International arbitration
- 12 A BIT about ICSID
- 13 The influence of bilateral investment treaties on customary international law
- 14 The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law
- 15 The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law
- 16 Anti-suit injunctions in international arbitration: an overview
- 17 The law applicable in international arbitration: application of public international law
- 18 The validity of an arbitral award rendered by a truncated tribunal
- 19 The authority of a truncated tribunal
- 20 Injunction of arbitral proceedings and truncation of the tribunal
- 21 Public policy and arbitral procedure
- 22 The creation and operation of an International Court of Arbitral Awards
- 23 The Kingdom of Saudi Arabia and Aramco arbitrate the Onassis Agreement
- 24 The Southern Bluefin Tuna case
- 25 A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- 26 Does the consent of the Contracting Parties govern the requirement of an “investment” as specified in Article 25 of the ICSID Convention?
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
25 - A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
from PART II - International arbitration
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- PART I International Court of Justice
- PART II International arbitration
- 12 A BIT about ICSID
- 13 The influence of bilateral investment treaties on customary international law
- 14 The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law
- 15 The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law
- 16 Anti-suit injunctions in international arbitration: an overview
- 17 The law applicable in international arbitration: application of public international law
- 18 The validity of an arbitral award rendered by a truncated tribunal
- 19 The authority of a truncated tribunal
- 20 Injunction of arbitral proceedings and truncation of the tribunal
- 21 Public policy and arbitral procedure
- 22 The creation and operation of an International Court of Arbitral Awards
- 23 The Kingdom of Saudi Arabia and Aramco arbitrate the Onassis Agreement
- 24 The Southern Bluefin Tuna case
- 25 A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- 26 Does the consent of the Contracting Parties govern the requirement of an “investment” as specified in Article 25 of the ICSID Convention?
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
Summary
The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards – the New York Convention – was concluded thirty-seven years ago. I was not present at the creation but I was then practicing law in New York while hovering about United Nations Headquarters. I recall the animation at that time of Martin Domke, who was very much present, together with Pieter Sanders and other major arbitral figures. They had a great deal to be animated about. In this audience of experts on the particulars of the workings of the New York Convention, I shall prudently confine myself to the sort of generalities a celebratory occasion invites. But let me first observe that the man who should be making these remarks – the Convention's great architect, Pieter Sanders – could not be present, for he yesterday celebrated his birthday in distant parts. One of those who participated in the New York Conference, Dr. Otto Arndt Glossner, is present, and we are delighted that he is.
The first generality worth recalling is that the Convention is a treaty. That is to say, it is an instrument of public international law, a Convention entered into by governments in order to regulate the behavior of their courts in the recognition and enforcement of foreign arbitral awards. That is worth emphasizing these days, when much uninformed talk is current about the unimportance or inadequacies of international law.
- Type
- Chapter
- Information
- Justice in International LawFurther Selected Writings, pp. 276 - 280Publisher: Cambridge University PressPrint publication year: 2011