The New York Convention: A Self-Executing Treaty

• Gary Born
• 12.28.2018

The thesis of this article, authored by Gary Born and published in the Michigan Journal of International Law, is that uncertainty regarding the Convention’s status as a self-executing treaty of the United States is unwarranted and unfortunate.

Excerpt: The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards—also known as the New York Convention—is the world’s most significant legislative instrument relating to international commercial arbitration. It currently has 159 Contracting States, including the United States, and provides a global constitutional charter for the international arbitral process. The Convention has enabled both national courts and arbitral tribunals to develop durable, effective means for enforcing international arbitration agreements and awards and has thereby facilitated the remarkable growth and success of international arbitration over the past 50 years. Read the full article.