Constitutionality of Article VII of the New York Convention of 1958 under Egyptian and Jordanian Law

Abstract

Abstract This article examines the constitutionality of Article VII of the 1958 New York Convention (NY Convention) under Egyptian and Jordanian law. Under Article VII, which provides for the application of the more-favourable-right provision, the winning party in an arbitration can rely on any regime provided by the local legal system to recognize and enforce the arbitral award. In doing so, the winning party can bypass provisions under which the losing party can resist enforcement. This article examines whether Article VII constitutionally provides modes of enforcement by which the winning party can enforce a legal arbitral award as well as providing grounds of refusal by which the losing party can resist enforcement of illegal awards. As such, this article examines the constitutionality of Article VII, and asks whether it balances the interests of the winning party and the losing party under constitutional law in Egypt and Jordan.