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Definition of an "Arbitral Award" in the New York Convention

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DOI: 10.23977/law.2023.021214 | Downloads: 4 | Views: 353

Author(s)

Yue Lang 1

Affiliation(s)

1 Yinchuan University of Energy, Yinchuan City, Ningxia, China

Corresponding Author

Yue Lang

ABSTRACT

The paper addresses a significant gap in the New York Convention, focusing on the lack of a clear definition for "arbitral award." This omission presents considerable challenges in the realm of international arbitration, particularly affecting the recognition and enforcement of arbitration decisions across different jurisdictions. The lack of a specific definition leads to legal ambiguities and practical difficulties in international dispute resolution, impacting the efficiency of global commercial and trade arbitration processes. The paper strongly argues for the inclusion of a comprehensive definition within the Convention, highlighting how this would provide much-needed clarity and consistency. It suggests that a well-defined term would streamline the arbitration process, aiding legal practitioners, arbitrators, and the parties involved in disputes. Ultimately, the paper concludes that the introduction of a specific definition for "arbitral award" in the New York Convention is not only necessary for legal precision but also for enhancing the effectiveness and reliability of international arbitration as a tool for resolving commercial disputes.

KEYWORDS

International Arbitration, Legal Definition, New York Convention, Dispute Resolution, Arbitration Enforcement

CITE THIS PAPER

Yue Lang, Definition of an "Arbitral Award" in the New York Convention. Science of Law Journal (2023) Vol. 2: 97-101. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.021214.

REFERENCES

[1] Gary B. Born, The New York Convention: A Self-Executing Treaty, 2018.
[2] Nigel B, Constontine, Partasides, Redfern A & Hunter M, Renfern and Hunter on International Arbitration (Sixth Edition), 2015.
[3] https://www.legalmatch.com/law-library/article/what-is-an-arbitration-award.html Types of Award in Arbitration, 2016. 
[4] http://expert-evidence.com/types-of-award-in-arbitration/.
[5] Welsh A and Yen Koh S, Toolkit for Award Writing - International Bar Association, 2016.

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