TFL Vsebine / Revija Slovenska arbitražna praksa

Despite a leading scholar’s view, that the 1958 NY Convention [1958 NYC or Convention] sets forth “binding international legal principles governing the entire arbitral process – including the recognition of arbitration agreements, the arbitral process and the recognition of arbitral awards”, Article II (3) is honoured more in the breach than the observance. A review of the extant literature and legal sources failed to discover a single clear statement on the legal status of Article II (3) and its integration with related domestic legislation and principles of ICA. Rather, that review disclosed a knot of discordant rules, and policy developments to “cabin” select provisions of the 1958 Convention deemed invasive of arbitration. While the diversity of jurisdictional rules cannot be undone, nevertheless, there are strong policy reasons to recognise the primacy of court authority under Article II (3) of the NYC, namely, uniform law.