An Assessment of The Recognition and Enforcement of Arbitral Awards in International Commercial Arbitration and The Role of International Conventions

Abstract

This study shows how international commercial arbitration is a great, but not perfect. From researching this area it is evident that there are legal uncertainties in the recognition and enforcement of international commercial arbitral awards. International commercial arbitration comes from ADR (Alternative Dispute Resolution), which has become increasingly popular. For those who go through arbitration are seeking to keep their disputes out of the court's. Those may think that after going through international commercial arbitration that the process is finished with an award, this is not the case for some. The purpose of this research is to show that the system for the recognition and enforcement of international commercial arbitral awards needs to be changed. To explore the underlining factors that cause the confusion within the recognition and enforcement of awards, by examining the language used in the laws of awards and recognition and enforcement of awards. Through this issues found in the context of the laws proved it is difficult to recognise and enforce awards not because of the facts of the cases but because of the unpredictability of the laws. Also to assess the effects of the international conventions on the recognition and enforcement of international awards. This was achieved by explaining the conventions and why they were set up to further the courts compliance. It was discovered that while the development of the conventions was beneficial they did not provide clarity within their laws. This study also proposes reform to fill in any discrepancies or uncertainties in these laws to better the international commercial arbitration system. This is by selecting laws that are not appropriately worded and proving how these are issues. This study uses various legal methodology including the doctrinal, comparative, historical and sociological approach to help better the research of this paper and to draw appropriate conclusions.