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- Publisher
- Kluwer Law International
- Copyright
- Copyright © Kluwer Law International
- ISSN
- 1010-9153
- Publisher site
- See Article on Publisher Site
Abstract
By Stephen D. Mau* Introduction The ultimate goal of the international commercial arbitration process is identical to the ultimate goal of the commercial litigation process: the successful party in either dispute resolution method seeks to obtain an enforceable judgment. This judgment, in the instance of an international commercial arbitration award, might be unattainable without an international enforcing authority, as the execution of the award would otherwise be dependent upon the voluntary cooperation of the unsuccessful party. The purpose of this presentation is to introduce the process required for the enforcement of a foreign arbitral award in Hong Kong. In order to achieve this purpose, this article will first provide an introduction of the arbitral laws of Hong Kong. As Hong Kong's arbitration laws incorporate both the New York Convention and the UNCITRAL Model Law, this statutory review will focus on the comparable provisions of the international documents with which most readers will be familiar. Towards this objective, this paper will present a brief review of the relevant provisions of the 1958 New York Convention on the Enforcement of Foreign Arbitral Awards emphasizing two crucial stages of the arbitration process: initiating arbitral proceedings pursuant to a valid arbitration agreement
Journal
ASA Bulletin – Kluwer Law International
Published: Sep 1, 1994