- Critically assess the role of the New York Convention in the enforcement of arbitration awards.
- 3500 words.
- At least 20 footnotes.
- Case law to be relied on
- Bibliography and table of contents must
Introduction: (300 words max)
- Overview and things the paper shall address
Arbitration Awards under the NYC.(300 words max)
- what is an award?
- What are the various types of awards?
- What is the New York convention on enforcement of awards?
- When and why did it come into force?
- What were its objectives and core mandate?
- Who are the current members and how does one become part of it?
Enforcement of awards under the New York Convention (900 words max)
- Recognition and enforcement distinguished
- Who does the NYC convention apply to?
- Which decisions can be enforced?
- How can they be enforced?
- Refusal of enforcement: when does it occur?
- Aftermath and recourse of refusal of enforcement
- Cases that have been solved by the convention
The New York Convention and other regimes (1500 words)
- Comparison of the NYC with other regimes e.g. UNCITRAL
- Legal issues that arise out of the NYC e.g. as regards implementation and execution of foreign awards etc
- Effectiveness of the convention
- Pros and cons of the Convention
- Controversy as a result of the NYC
- Current debates on the NYC: eg Does it suit the modern age, problems not anticipated by the drafters etc
- What are its shortcomings? Is it a good legislation?