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Geneva Convention Analysis

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In matters of international arbitration, international treaties and conventions play an important part in governing not only domestic laws but also in international matters considering different countries having different judicial systems and interpretations regarding then law. In terms of international commercial arbitration the treaties and conventions that play an important role are the Geneva Protocol of 1923, the Geneva Convention of 1927, the New York Convention, the Panama Convention, the European Convention on International Commercial Arbitration and the UNCITRAL Model Law are important, and are discussed in detail below.
The Geneva Convention
The Geneva Convention on Arbitration Clauses of 1923 and the Geneva Convention on the Execution …show more content…

The aim of the Convention was to provide foreign and non-domestic award a similar level of recognition and enforcement in the domestic award and to simplify the process of enforcement. The Convention as of 2017 has 157 state parties including India, the United States of America, France and Singapore. India ratified the Convention on 13 Jul 1960, the USA on 30 Sep 1970, France on 26 Jun 1959 and Singapore on 21 Aug 1986.
The central obligation that is imposed on the parties that are signatories to the Convention is that the foreign arbitral awards enforced under the Convention are binding and therefore enforceable in their countries – the Convention has no influence on the enforcement mechanism that the countries will apply for enforcement of the said awards. Further, according to Article VII (1) , the provisions of the Convention will not interfere with the bilateral or multilateral treaties that the countries are a part of and will recognise the right of a party to choose law or treaties of the country where the party is seeking …show more content…

Any award made under this Convention is binding and has to be enforced according to the rules of the country in which the awards is made as stated in Article III. The article also stresses on eradicating discrimination between foreign and domestic award by stating that higher fees or conditions than the ones in domestic awards ‘shall’ not be applied. In Article V, there are five grounds for refusal of recognition and enforcement given. According to it, an award can be refused enforcement and recognition if: the parties involved were under incapacity, the arbitration agreement was invalid under the law of the enforcing country, failure to provide proper notice to the parties regarding arbitrators or proceedings, if the party was unable to present their case, the subject matter of the dispute is not within the submission made,

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