Writing Requirement of the Arbitration Contract in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (known as the ‘New York Convention’) deals with recognition of arbitration contracts and the recognition and enforcement of arbitral awards. The decision of a court on the recognition of arbitration contracts and the recognition and enforcement of arbitral awards, is subject to arbitration contracts compliant with the formal provisions set forth in the Convention. Although the formal provisions of arbitration contracts are mentioned in article II(2) of the Convention, nevertheless the States Parties to the Convention have not interpreted this article in the same way. Nowadays specific approaches in the interpretation of this article are emerging which attempt to coordinate the application of the Convention with current commercial practice.