The enforcement of the arbitral award is the phase upon which the success of the arbitral process depends. An adoption of the New York Convention, as well as the pro-enforcement attitude that it fosters, helps in creating a system for the facilitation of the enforcement of arbitral awards throughout the world. / In Jordan, the benefits sought from adopting the Convention will not be realised unless the Convention's bias towards the enforcement of foreign awards is clearly understood and implemented in the courts' decisions. / The autonomous nature of arbitration should make it possible for the Jordanian courts to apply a narrow interpretation of the Convention's grounds for non-enforcement; an approach which has already become a trend in cases decided under the Convention. Such a relaxed treatment of foreign awards has not, and should not, risk the procedural integrity of the arbitral process. This is so since the Convention provides for a safeguard of the enforcing state's most basic notions of public policy and due process.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.26216 |
| Date | January 1994 |
| Creators | Obeidat, Sanaa A. |
| Contributors | Toope, Stephen J. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001397734, proquestno: MM94561, Theses scanned by UMI/ProQuest. |
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