Abstract
Abstract This article highlights the gaps and difficulties that face the enforcement of foreign arbitration awards in Palestinian courts. In addition, it constructs recommendations for legal and judicial approaches that the Palestinian Authority should adopt to create a ‘pro-arbitration’ system. The article first provides a general analysis of the regulatory deficiencies in the enforcement of foreign arbitration awards, which include the inapplicability of the New York Convention, the existence of the reciprocity principle as a condition of enforcement, and the lack of presumptive obligation of recognising the validity of arbitration awards in Palestine. Afterward, the article focuses on the procedural level of enforcing foreign arbitration awards. It addresses difficulties that face the award-creditor when attempting to enforce the award through the competent court, as well as the Palestinian courts’ approach when reviewing the exequatur, and how this attitude affects the granting enforcement.
Highlights
Since its establishment in 1993, the Palestinian Authority (PA) has issued multiple strategic economic plans to enhance the investment sector in the West via free access Abu ShehabBank and Gaza Strip and, to ensure the sustainability of the Palestinian State.[1]
The article first provides a general analysis of the regulatory deficiencies in the enforcement of foreign arbitration awards, which include the inapplicability of the New York Convention, the existence of the reciprocity principle as a condition of enforcement, and the lack of presumptive obligation of recognising the validity of arbitration awards in Palestine
8 Article II of the PLA, influenced by the UNCETRAL Model Law, put forward several conditions in order to considered arbitration related to international trade by stating that ‘arbitration is considered International if the issues at conflict related to economic, trade or civil matters in the following cases: (a) If the headquarters of the parties in arbitration are in different countries in the time of conclusion of the agreement on arbitration
Summary
Since its establishment in 1993, the Palestinian Authority (PA) has issued multiple strategic economic plans to enhance the investment sector in the West. Arab Law QDuowanrlotadeedrflroym3B6rill.(c2om01210/0)2/210-231411:22:55AM via free access because it continues to be perceived as arbitration’s most crucial characteristic.[5] This article highlights the gaps and difficulties that face the enforcement of foreign arbitration awards in the Palestinian courts and constructs recommendations of legal and judicial approaches the PA should adopt to create a ‘pro-arbitration’ system. 8 Article II of the PLA, influenced by the UNCETRAL Model Law, put forward several conditions in order to considered arbitration related to international trade by stating that ‘arbitration is considered International if the issues at conflict related to economic, trade or civil matters in the following cases: (a) If the headquarters of the parties in arbitration are in different countries in the time of conclusion of the agreement on arbitration. 11 In this respect, the validity of the award means: (a) the award has been issued in accordance with a valid arbitration agreement; (b) The award has been issued from an arbitration tribunal that was composed in accordance with the arbitration agreement and the applicable laws; (c) Has been issued in accordance with the arbitration law in the country of its origin; (d) Has been issued in accordance with the arbitration law in the country of its origin; (e) Has become acquired the force of a fait accompli according to its country of origin; (f) It is a subject matter that is arbitral
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