The New York Convention and Saudi Arabia: Can a Country Use the Public Policy Defense to Refuse Enforcement of Non-Domestic Arbitral Awards?
This Note examines whether Saudi Arabia's adoption of the New York Convention will advance the successful use of international arbitration by non-Saudi Arabian investors. Part I provides a background of the New York Convention, its purpose, and its historical application in the United States and the Middle Eastern countries of Kuwait and Syria. Part II examines the conflict between the Saudi Arabian legal system and Saudi Arabia's adoption of the New York Convention. Part III argues that Article V(2)(b) of the New York Convention allows a country with a unique legal system, such as Saudi Arabia, to give the appearance of embracing the international community, while permitting that country to reject arbitral awards that are contrary to its public policy. Part III also recommends possible modifications to Article V(2)(b) in order to prevent countries from refusing to enforce non-domestic arbitral awards. This Note concludes that the modification of Article V(2)(b) will prevent the circumvention of the New York Convention's objectives and promote a uniform set of rules governing non-domestic arbitral awards.
Kristin T. Roy,
The New York Convention and Saudi Arabia: Can a Country Use the Public Policy Defense to Refuse Enforcement of Non-Domestic Arbitral Awards?,
18 Fordham Int'l L.J. 920
Available at: https://ir.lawnet.fordham.edu/ilj/vol18/iss3/9