ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS

The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New York Convention itself. Chapter three will concentrate on the provisions referring to the scope of application and the enforcement scheme of the New York Convention. Chapter four deals with the proposals to amend the Convention in order to eliminate the problems with the enforcement of foreign arbitral awards. It also shows the opposing view of any changes to the present system. Finally, the thesis concludes that even though the proposals to amend the Convention are aimed at making the enforcement system work more efficiently, nevertheless the magnitude of the problems is not enough to undertake modifications. Any modification would only create uncertainty and additional problems especially today when the Convention has been universally accepted. It will be more useful to continue to harmonize national legislation and court practice on international commercial arbitration