The Interplay of Autonomous Concepts and Municipal Law Under Article V(1)(d) of the New York Convention
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Description
This chapter addresses the interplay of autonomous concepts and municipal law in the context of Article V(1)(d) of the New York Convention. Pursuant to this provision, a court may refuse to recognize and enforce an arbitral award if “the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place.” Article V(1)(d) of the New York Convention sets forth two scenarios where an arbitral award may be refused recognition and enforcement. The first is where the parties have agreed on the arbitral procedure or on the composition of the arbitral authority and this agreement was disrespected. The second is where no such agreement was formed, and the arbitral procedure or the composition of the arbitral authority was not in line with law of the country where the arbitration took place. Thus, on a plain reading, one might get the impression that there are only two bases—party autonomy and the law of the seat—for a court to refuse recognition and enforcement under Article V(1)(d).
Source Publication
Autonomous Versus Domestic Concepts Under the New York Convention
Source Editors/Authors
Franco Ferrari, Friedrich Rosenfeld
Publication Date
2021
Recommended Citation
Ferrari, Franco and Rosenfeld, Friedrich, "The Interplay of Autonomous Concepts and Municipal Law Under Article V(1)(d) of the New York Convention" (2021). Faculty Chapters. 552.
https://gretchen.law.nyu.edu/fac-chapt/552
