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Article 35 - Recognition and Enforcement

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

During the drafting of the Model Law, the wording of article 35 was not particularly controversial: the provision, after all, is little more than a literal transposition (with some amendments) of articles III and IV of the New York Convention. The drafters, however, engaged in an extensive debate on two fundamental questions concerning not the specific contents of the article, but the very raison d’être of such a provision in the Model Law. First, the Working Group and the Commission discussed whether the Model Law should regulate the recognition and enforcement of both foreign and domestic awards, or whether it would be more appropriate to regulate only the latter, considering that the former were already covered by the New York Convention. Second, should the Model Law regulate both situations, the drafters discussed whether the regime should be the same, or whether differentiations should be made.

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Publisher: Cambridge University Press
Print publication year: 2020

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