Author: Richard W. Hulbert*
Published: December 2003
Enforcement of Arbitral Awards
Proposals to Create an International Arbitration System
New York Convention
Description: Professor Park’s paper lays before us a Lucullan banquet of proposals and commentary for improving the American statutory framework to deal with international arbitration. The situation is not yet desperate: the United States remains an adherent to the New York Convention of 1958, an award in international arbitration rendered in the United States still has a much easier time winning enforcement abroad than does a judgment of any American court, and the treatment in the United States of awards rendered in other Convention countries has been generally satisfactory. Nonetheless, unresolved problems have arisen and persist. There is ample room for improvement.
*The author is a retired partner of Cleary, Gottlieb, Steen & Hamilton, an adjunct professor at New York University School of Law, a former Vice Chairman of the International Court of Arbitration of the International Chamber of Commerce, and currently a member of the ICC Commission on Arbitration. A version of this paper was presented at the IJA Research Conference on International and Domestic Arbitration at the New York University School of Law.