The New York Convention on recognition and enforcement of foreign arbitral awards released international arbitration from the strong ties the 1923 Geneva Protocol, concerning arbitration clauses, and the Geneva Convention, related to the League of Nations’ foreign arbitration awards, could not undo. This Convention reflects the international arbitration reality of the 50’s, but, despite it being half a century old, it is still an amazingly useful tool, although considerably unaltered in time. Nonetheless, the author argues that the New York Convention can —and must be— improved. Some necessary amendments are analysed here, of which, according to the author, many could be achieved through homogeneous interpretation of its precepts. Different solutions proposed by legal doctrine are exposed hereafter.
Iurgium [previously Spain Arbitration Review]