الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم : Published by

التحكيم التجاري الدولي
international commercial arbitration


The enforcement procedure pursuant to the
New York Convention is contained in Art III, which provides:

Each Contracting State shall recognize arbitral awards as binding and enforce them in
accordance with the rules of procedure of the territory where the award is relied
upon, under the conditions laid down in the following articles. There shall not be
imposed substantially more onerous conditions or higher fees or charges on the
recognition or enforcement of arbitral awards to which this Convention applies than
are imposed on the recognition or enforcement of domestic arbitral awards.
For example, if an award was issued in Singapore, and the losing party had most
of its assets in Australia, the winning party would commence an action in a state
Supreme Court that would check the requirements in the New York Convention
1958 had been met and formally recognise the award, which means that the award
is treated as if it were a judgment of that court. The winning party may then seek
an order of enforcement against assets in any State or Territory in Australia. If
enforcement is sought in the very court in which recognition is made, in practice
the two steps take place together.

الهيئة الدولية للتحكيم