Abstract
The primary purpose of this essay is to examine the settlement of commercial disputes with foreign elements under the U.K. arbitration systems. The analysis is chiefly concerned with English arbitration since the use of private means to settle disputes between parties has long been established in England and the merits of conducting arbitration there (most notably in London) have been widely recognized by many foreign businessmen. However, this essay also includes a brief description of the system of arbitration in Scotland, which has developed differently from that in England. Two major topics are discussed: conduct of arbitration, and challenges to and enforcement of arbitral awards. While the first topic principally covers the reference to a dispute under a domestic arbitral system, the second one additionally contains a discussion of various aspects of foreign awards, including the relevance of international conventions to which the United Kingdom is a signatory. Among these conventions, two play the most prominent role in recognizing and enforcing foreign awards in the United Kingdom, that is, the New York Convention of 1958 (the Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the Washington Convention of 1965 (the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).
Recommended Citation
Zhang, Xiaoyang
(1998)
"Settlement of Commercial Disputes with Foreign Elements Involved in Arbitration: Legal Theories and Practice in the United Kingdom,"
Florida Journal of International Law: Vol. 12:
Iss.
1, Article 5.
Available at:
https://scholarship.law.ufl.edu/fjil/vol12/iss1/5