Article IV [Formal Requirements for Recognition and Enforcement of Arbitral Awards]

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, A Commentary (R. Wolff, ed.), C.H. Beck / Hart / Nomos, 2012

Queen Mary School of Law Legal Studies Research Paper No. 162/2013

Posted: 10 Nov 2013 Last revised: 19 Apr 2017

See all articles by Prof Maxi Scherer

Prof Maxi Scherer

Queen Mary, University of London, Centre for Commercial Law Studies

Date Written: 2012

Abstract

This paper is an excerpt from an article-by-article commentary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1058 (the "New York Convention"). The New York Convention is one of the most important conventions in the field of international arbitration. The paper deals with the formal requirements set forth in Article IV of the New York Convention concerning the recognition and enforcement of awards, including in particular the requirement to provide the authenticated original award (or a certified copy thereof) and the original arbitration agreement (or a certified copy thereof). The paper also discusses the need to provide translations of those documents, and to what extent courts around the world have allowed exemptions to comply with these formal requirements.

Keywords: New York Convention, recognition, enforcement, foreign arbitral award, Article IV, formal requirements, authenticated original award, original arbitration agreement, certified copy, translations, exemption to supply documents.

Suggested Citation

Scherer, Maxi, Article IV [Formal Requirements for Recognition and Enforcement of Arbitral Awards] (2012). New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, A Commentary (R. Wolff, ed.), C.H. Beck / Hart / Nomos, 2012, Queen Mary School of Law Legal Studies Research Paper No. 162/2013, Available at SSRN: https://ssrn.com/abstract=2348727

Maxi Scherer (Contact Author)

Queen Mary, University of London, Centre for Commercial Law Studies ( email )

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London, WC2A 3JB
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