Current Issues on the Application of the New York Convention A German Perspective

Abstract

Germany has been a party to the New York Convention since 1961. The Convention has provided the basis for the recognition and enforcement of foreign arbitral awards based on an enforcement friendly approach in German jurisprudence. The relevance of the Convention has risen since the 1998 reform of the German domestic arbitral law and the withdrawal of the reciprocity requirement. This article focuses on German practice, concentrating on both the formal (Article II) and substantive (Article V) requirements of recognition and enforcement of foreign arbitral awards.