Grounds for Refusing Enforcement of Foreign Arbitral Awards under the New York Convention (A Comparison of the US and Sharia Law)
47 Pages Posted: 4 Aug 2010
Date Written: April 20, 2010
...In this section, the refusal grounds under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is discussed. This requires discussing about different types of refusal grounds in light of Article V of the New York Convention. After that, the implementation of the New York Convention is discussed in the United States and under the Sharia Law. The question is how the US courts have construed each of those grounds? In other words, while the New York Convention does not give any definition from the refusal grounds, how broad or narrow the US courts have interpreted each of the grounds? The answer for the same question is followed under the Sharia Law. For finding the answer of this question, we need to refer to judicial decisions of the United States Courts in the cases in which one or more of those grounds are raised. However, discussing about what would be Sharia Law’s interpretation from those grounds will not be easy. Under the Sharia section, the theatrical bases for arbitration along with the relevant discussions to the refusal grounds both in Sharia’s main sources and Islamic jurisprudence (School of thoughts) is discussed. Finally, it is concluded that how the courts in the United States and under the Sharia Law construe and apply each of the refusal grounds.
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