The Province of New York Convention Determined I Wayan Suka Wirawan, I Nyoman Putu Budiartha
Warmadewa University
Abstract
Recognition and enforcement of foreign arbitral awards is internationally
governed by the New York Convention 1958. The Convention prescribes several
quintessential rules which leave the contracting States to construe its meaning
according to their municipal law respectively. The rules of the convention which
specifically contain the words ^commercial^, ^public policy^, or ^reciprocity^, the
convention vested national States the discretion to construe the above rules. In
many cases, the discretion of national states to construe those rules based on their
municipal law has been made the enforcement of foreign arbitral awards carried
out inconsistent with the purpose of the Convention. This article found that the
substance of the above rules of the Convention is strongly influenced by dualistic
or pluralistic theory on the relationship between national and international law.
The matter concerning how to determine the relationship between national and
international law is the matter of epistemological postulates. Depart from intrinsic
conditions of jurisprudence, this discussion rejects dualist or pluralist approach to
the above rules of the Convention. Hence, the purpose of this discussion is to
argue that interpretation to the above rules of the convention should be exercise
monistic theory on the relationship between national and international law
Keywords: Arbitration, New York Convention, Foreign Arbitral Awards
