Arbitrability and public order as obstacles to the implementation of foreign arbitration awards in the New York Convention (overlapping or differentiation)
Subject Areas : Journal of Law and Politics
mohammad bahmani
1
*
,
Abdolmajid Norouzi pourzare
2
1 - Department of Private Law, Faculty of Law, Central Tehran Branch, Azad University, Tehran, Iran
2 - Department of Private Law, Faculty of Law, Central Tehran Branch, Azad University, Tehran, Iran.
Keywords: Arbitrability, public order, New York Convention, judicial supervision, obstacles to recognition and enforcement of foreign arbitration awards,
Abstract :
Peaceful settlement of disputes is one of the great achievements of human civilization and we are the heirs of this precious and valuable heritage. The New York Convention with the main and fundamental issue of recognition and enforcement of agreements and foreign arbitration awards is the result of the aforementioned legacy, which has remained popular for 60 years and its fundamental mission is to standardize the laws and procedures of recognition and Sees the implementation of arbitration decisions and agreements. According to paragraphs a and b of paragraph 2 of article 5 of this convention, respectively, arbitrability and public order are among the obstacles to the recognition and implementation of issued decisions, which the courts can refer to. These predicted criteria, whose mission is to support and protect the basic principles and standards of the rights and values of each country, and which are considered to be among the judicial supervision of the country that recognizes and enforces the decision, are closely related to each other, and it is assumed that each Multiple arbitrability and the impossibility of referring some specific cases to arbitration have been formed based on the general order of the countries, although they have common roots, they are distinct from each other and they are different from each other. The effort of this article will be to focus on explaining this importance and specifying the limits and boundaries of these criteria and obstacles to identifying and implementing foreign arbitration awards.