Volume 24, Issue 88 (winter 2020)                   __Judicial Law Views __2012__, 24(__59__): __224140 | Back to browse issues page

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Mansouri Razi A, Hosseini S M. Application of Compatibility Provision and More Favourable Right Provisions in New York Convention: A Modern View. دیدگاه‌های حقوقی. 2020; 24 (88) :125-140
URL: http://jlviews.ujsas.ac.ir/article-1-1233-en.html
1- university of Tehran , ayyoubrazi@gmail.com
2- Islamic Azad University
Abstract:   (762 Views)
lity provision are contemplated in New York convention. When a country implements New York Convention, the arisen question is that if someone can invoke more favorable provisions of both convention and domestic laws for enforcement and recognition of an arbitral award. To deal with this question conventional award and in particular non-domestic ones must be clarified. Then by choosing legal regime of a country, the convention provisions should be compared with those of that country.  In Belgium rules applicable on recognition and enforcement of arbitral awards are amended in accordance with UNCITRAL model law in 2013. Thus, Belgian legal regime is selected. Findings show that if there is a foreign factor in parties` relationship. issued award in the country of origin is viewed as non-domestic. In the process of recognition and enforcement of the arbitral award the more favorable rules of both convention and domestic laws can be invoked.
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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2018/03/12 | Revised: 2021/05/09 | Accepted: 2019/07/02 | Published: 2020/10/07 | ePublished: 2020/10/07

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