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Interpreting the New York Convention - Dispute Resolution Journal - Vol. 61, No. 1

Author(s): 
Tong Wang
Page Count: 
7 pages
Published: 
February, 2006
Practice Areas: 
New York Convention,
FAA
Author Detail: 

Ms. Wang practices in the area of international arbitration. She heads Rosensteel & Beckmann LLC’s U.S.-China practice. She is admitted to the bar in New York, the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of International Trade, and the People’s Republic of China. In addition to her arbitration practice, she specializes in corporate law, information technology law, intellectual property, international business transactions, and appellate practice. Prior to joining the Rosensteel & Beckmann firm, Ms. Wang taught at the University of International Business and Economy Law School in Beijing. She holds an LL.B. and an LL.M. from Beijing University Law School and an LL.M. from Northwestern University School of Law. She can be reached at twang@rosebeck.com.

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Description: 

Originally from Dispute Resolution Journal

Foreign parties who intend to enforce a “non-domestic” arbitral award in the United States must understand how U.S. law might apply. This article discusses how U.S. courts have applied the New York Convention and Chapter 2 of the Federal Arbitration Act.

The success of international commercial arbitration in today’s global economy is largely due to an international treaty familiarly referred to as the New York Convention, which makes foreign arbitral awards enforceable in signatory countries. This article is addressed to parties who intend to enforce a foreign arbitral award under the Convention in the United States. It endeavors to sketch how U.S. law applies in this area.

The New York Convention is the short name for a multinational treaty officially known as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the Convention), which became effective as of June 7, 1959.

The United States is a signatory to the Convention, and enforces this treaty through Chapter 2 of the U.S. Arbitration Act (FAA).