The Recognition and Enforcement of Foreign Arbitral Awards: The New York Convention and the Afghan Law Perspectives

Abstract

Aim: The aim of this paper was to evaluate the legal frameworks for recognition and enforcement of foreign arbitral awards in light of the New York Convention and the Afghan Arbitration law.
 Methods: In this research, the library research method was used and in terms of presenting research data and information, it’s a qualitative, descriptive and analytical research module.
 Results: As a party to the New York Convention, Afghanistan has the legal obligation to recognize and enforce foreign arbitral awards in its territory. Similarly, Afghanistan has recently enacted and ratified its law of arbitration which contains recognition and enforcement of arbitral awards. While generally the new law marks some progress, it continues to leave substantive and procedural uncertainty about how courts should recognize and enforce foreign arbitral awards. This uncertainty not only fails to comply with the terms of the New York convention, it also has the potential to discourage both national and foreign investment, ultimately threatening economic growth in Afghanistan. 
 Recommendation: This article recommends that by amending the arbitration law and enacting clear procedural rules upon recognizing, enforcing and executing foreign arbitral awards in light of UNCITRAL Model Law, first, Afghanistan can most likely promote foreign investment which is essential to steady economic growth, and at the same time, it helps Afghanistan to comply with the New York Convention on the recognition and enforcement of foreign arbitral awards.