Today arbitration is one of the preferred methods for the resolution of disputes that arise in commercial relationships. The New York Convention provides a uniform system for the recognition and enforcement of arbitral awards, and the fact that virtually all relevant commercial states are party to the convention means that such enforcement can be sought world-wide. By contrast, parties choosing litigation have no system which provides similar uniformity for the enforcement of foreign judgments.
The Hague Convention seeks to provide a similar regime for the enforcement and recognition of foreign judgments that the New York Convention has provided for the enforcement of arbitral awards since 1958. This thesis explores the Hague Convention and the way it may impact the use of arbitration as a means of dispute resolution, if and when it comes into force.