Some Private International Law Aspects of the Arbitration Act 1996
As a method for resolving commercial disputes which have connections with two or more countries, arbitration has been given a tremendous boost this century by two developments at the international level. The New York Convention of 1958—which was first implemented in England and Wales by the Arbitrat...
| Published in: | International and Comparative Law Quarterly |
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| Main Author: | |
| Format: | Article in Journal/Newspaper |
| Language: | English |
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Cambridge University Press (CUP)
1997
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| Online Access: | http://dx.doi.org/10.1017/s0020589300060449 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300060449 |
| Summary: | As a method for resolving commercial disputes which have connections with two or more countries, arbitration has been given a tremendous boost this century by two developments at the international level. The New York Convention of 1958—which was first implemented in England and Wales by the Arbitration Act 1975—introduced a regime which went a long way toward ensuring that arbitration agreements are respected and that arbitral awards are easily enforceable. The Convention has been hugely successful in that it has been ratified by upwards of 90 States, including all the countries of Western Europe (with the exception of Iceland) and nearly all countries which are significant commercial centres. More indirect has been the influence of the Model Law on International Commercial Arbitration, which was adopted by UNCITRAL in 1985. Although the Model Law, which seeks to encourage States to modernise their arbitration laws, has not been enacted by a very large number of countries, it has had a significant impact in that it has set an agenda for reform—even for those countries which have decided not to enact it. The Model Law has become “a yardstick by which to judge the quality of… existing arbitration legislation and to improve it”. |
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