V SREDIŠČU

Enforcement of Cross-Border Online Arbitral Awards and Online Arbitration Agreements in National Courts

Dr. Jur. Ihab Amro

This article deals first-hand with the enforcement of cross-border online arbitral awards (‘e-arbitral awards’), and online arbitration agreements (‘e-arbitration agreements’) in national courts from both theoretical and practical perspectives. It mainly examines the possibility for the enforcement of e-arbitral awards and e-arbitration agreements under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (‘the NYC’), especially since Article VII of the same Convention allows parties to rely on national laws and international conventions, based on the more-favourable-right provision contained in the same article. Additionally, this article deals with the obstacles facing the enforcement of cross-border e-arbitral awards and e-arbitration agreements in national courts, including the writing requirement, the absence of a physical place of arbitration, a violation of due process, the formality requirements, and setting aside of an arbitral award in the country of origin. To avoid these obstacles, the article provides practical solutions to the pertinent problems, and concludes with findings regarding the main ideas of the topic, along with some recommendations for improving the legal framework of the enforcement of foreign arbitral awards, either at the international or at the national levels, including the amendment of the NYC and national laws of arbitration, de lege ferenda as opposed to de lege lata.