Full bibliography

The Temporal Application of the New York Arbitration Convention of 1958: Retroactivity or Immediate Application?

Resource type
Author/contributor
Title
The Temporal Application of the New York Arbitration Convention of 1958: Retroactivity or Immediate Application?
Abstract
THE issue of retroactive application of the ‘New York Convention of 1958 on the recognition and enforcement of arbitral awards'’1 has already been raised in a number of cases and articles. While the latter tend to agree that the Convention was meant to apply retroactively2 the former show somewhat less homogeneity on that question.3 Nevertheless, this issue remains very much alive with respect to the ever increasing number of states acceding to the Convention. In the last five years, 50 new states have become parties to the Convention, raising the total number to 83 member states.4The Convention contains no explicit reference to its retroactive application nor is its history conclusive on this issue.5 Some implementing statutes of the Convention deal expressly with its temporal application. Indeed, at least five of them state expressly a date from which the Convention is applicable.6 On the other hand, at least two others state expressly that the Convention applies without any restriction in time.7
Publication
Arbitration International
Volume
8
Issue
1
Pages
73-82
Date
1992-03-01
Journal Abbr
Arbitration International
ISSN
0957-0411
Short Title
The Temporal Application of the New York Arbitration Convention of 1958
Accessed
12/10/24, 7:51 PM
Library Catalog
Silverchair
Citation
Chapdelaine, P. (1992). The Temporal Application of the New York Arbitration Convention of 1958: Retroactivity or Immediate Application? Arbitration International, 8(1), 73–82. https://doi.org/10.1093/arbitration/8.1.73
Author / Editor