CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ 60 YEARS OF THE NEW YORK CONVENTION ON THE RECOGNITION… Draft Convention of 2008 as a hypothetical text of the new convention on the international enforcement of arbitration agreements and awards (“Miami Draft Convention”) was put forward to stimulate discussion over the subject. 14 According to its author, Professor Albert Jan van den Berg, the Miami Draft Convention was prepared with the view to eliminate imperfections and ambiguities of the document, to simplify and modernize the instrument reflecting on recent developments in the fields of international trade and investment accompanied by the technological revolution. 15 In spite of the above efforts the majority view was that a revision process should not have been started irrespective of whether there is or not a political will. It was admitted that the language of the Convention has aged and there are areas for improvement but the Convention, on the whole, functions in a satisfactory manner and any changes will more likely bring disadvantages than advantages. 16 The General Assembly of the United Nations adopted resolution at the fiftieth anniversary of the Convention in which it stated that “the New York Convention, by establishing a fundamental legal framework for the use of arbitration and its effectiveness, has strengthened respect for binding commitments, inspired confidence in the rule of law and ensured fair treatment in the resolution of disputes arising over contractual rights and obligations.” 17 It emphasized importance of further national efforts and encouraged events for exchange of views and experiences with the application of the Convention in order to promote its uniform interpretation and effective implementation. 18 It also highlighted the project on monitoring the legislative implementation of the Convention which should assist States in ensuring the proper legislative implementation. The same atmosphere of hesitance towards reformors appears to repeat at the occasion of the celebration of the 60th anniversary of the New York Convention. Some events commemorating the New York Convention have already occurred and many are still to take GAILLARD, Emmanuel. Is There a Need to Revise the New York Convention? Dispute Resolution International , Vol. 2, No. 1, May 2008; VEEDER, Johnny. Is There a Need to Revise the New York Convention. Key Note Speech. In GAILLARD, Emmanuel (ed.) The Review of International Arbitral Awards , IAI Forum, 2008, pp. 183-192; LAMM, Carolyn B. Comments on the Proposal to Amend the New York Convention/ 50 Years of the New York Convention. In VAN DEN BERG, Albert. ICCA Congress Series , No. 14, Kluwer Law International, 2009, p. 697. 14 VAN DEN BERG, Albert J. Preliminary Draft Convention on the International Enforcement of Arbitration Agreements and Awards: “the Miami Draft”. [online]. Available at: . [Accessed: 1.6.2018]. See also VAN DEN BERG, Albert J. Keynote Address: Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and Awards: Explanatory Note. In VAN DEN BERG, Albert J. (ed.) 50 Years of the New York Convention, 2009, p. 649. 15 VAN DEN BERG, Albert J. Explanatory Note. Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and Awards. 29 May 2008. [online]. Available at: , para 2., p. 2. [Accessed: 1. 6. 2018]. 16 See e.g. GAILLARD, Emmanuel. The Urgency of Not Revising the New York Convention / 50 Years of the New York Convention. In VAN DEN BERG, Albert J. (ed.) ICCA Congress Series, No. 14, Kluwer Law International, 2009, p. 689; VEEDER, Johnny. Is There a Need to Revise the New York Convention. Key Note Speech. In GAILLARD, Emmanuel (ed.) The Review of International Arbitral Awards , IAI Forum, 2008, pp. 183-192. 17 See Resolution adopted by the General Assembly on 6 December 2007 [on the report of the Sixth Committee (A/62/449)] 62/65. Fiftieth anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958. UN DOC A/RES/62/65. [online]. Available at: . [Accessed: 1. 6. 2018]. 18 Ibid.

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