El Espíritu de la Convención de Nueva York - Iurgium [previously Spain Arbitration Review] View El Espíritu de la Convención de Nueva York by - Iurgium [previously Spain Arbitration Review] El Espíritu de la Convención de Nueva York 2019 34

The present article underscores some of the most salient aspects of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, addressing the way in which they advance the Convention’s main objective of eliminating the obstacles for the recognition and enforcement of foreign arbitral awards and maximising their circulation. These aspects include the establishment of a presumption on the binding nature of awards (i), the elimination of the requirement for double exequatur (ii), the reversal of the burden of proof in the event that one of the parties opposes the enforcement of the award (iii), the recognition of the discretion of the national courts for recognising and enforcing awards (iv), and the establishment of the “more favourable right” with respect to the requirements for the recognition and enforcement of an award, providing that the requirements in the Convention represent a ceiling or maximum level of control, whilst allowing the party seeking enforcement to rely on other more favourable norms that might apply (v).

Iurgium [previously Spain Arbitration Review]