The Arbitral Protocol: The Geneva Protocol

Great Essays
The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two conditions were required to be fulfilled before the contracting state could be saddled with the responsibility to ensure the execution the award –
1. The Arbitral award should have been rendered in accordance with provisions of national law of executing
…show more content…
The United Nations Economics and Social Council (ECOSOC) to whom ICC draft was presented prepared another draft in 1955. .ECOSOC by its resolution No. 520(XVII) dated May 6, 1954 established and ad hoc committee of eight member states to study the matter raised by the International Chamber of Commerce in the light of all the relevant considerations and to report its conclusions to the former submitting such proposals as latter deemed appropriate, including a draft convention.
The Committee held 13 public meeting from March 1 to 15, 1955 at New York and on the last day, viz., March 15, 1955 adopted a draft convention .on the Recognition and Enforcement of .Foreign Arbitral Awards alone with its recommendations .and submitted the same to the
…show more content…
Consequently the conference was held at New York from May 20 to June 10, 1958 and the new International Convention on the .Recognition and Enforcement of Arbitral Awards was adopted by the conference on the last day viz,. June 10,1958. (Hereinafter the “The New York Convention”) The New York Convention makes provision for the recognition and enforcement of an arbitral agreement .subject to certain conditions being satisfied. Beside it also .provides for the recognition and enforcement of an arbitral agreement subject to certain conditions being satisfied. Beside it also provides .for the recognition and enforcement of an award resulting from an arbitration agreement to which the Convention

Related Documents

  • Improved Essays

    The critical implications of the decision of Haque & Ors v Minister for Immigration & Anor [2015] FCCA 1765 (2 July 2015) in terms of the binding nature of opinions of Medical Officers of the Commonwealth (“MOC”) appointed by the Minister, are as it is stated in regulation 2.25A of the Migration Regulations 1994 (Cth) the (“Regulations”). In that the opinion of the MOC is to be taken as to be correct in determining whether a person meets the requirements of Public Interest Criteria (“PIC”) 4005. The delegate of the Minister is not to form their own opinion on whether or not an applicant meets the requirements of PIC 4005.…

    • 767 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    R V Heale Case Study

    • 1163 Words
    • 5 Pages

    Justice was balanced to the victims, the offender and society within the case R v Siale [2017] NSWSC. Justice was served for the victim as the offender received a lengthy sentence for the crime committed. The offender gained justice as he had a fair trial in the eyes of the court. Justice was also received for society as they maintain the safety of the community, but also the rehibition of the offender to become a better member of society. Justice was served for each party.…

    • 1163 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Enid Case Study

    • 1891 Words
    • 8 Pages

    (1) The legal issues that will be addressed are whether the arrests of Enid and Ruth are lawful. Ss24 and 24A of the Police and Criminal Evidence Act 1984 (PACE 1984) will be used in reaching a conclusion for each case respectively. Firstly, consideration will be given as to whether the arrest of Enid by Amjit was lawful by applying ss24a PACE 1984 to the facts of the case.…

    • 1891 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    World War II is an event that greatly impacted the world and aided in the push for change on the global level. Millions of soldiers were killed during this terrible time, but it is the countless millions that were imprisoned and murdered that serve as the most severe reminder of these dark days. “Flyboys” by James Bradley follows the progression of WWII, and how the lives of eight young men were cut short as a result of the war. Each of the eight men were taken as prisoners of war, and it is the fate of each of these captured flyboys that depicts an atrocious reality (Bradley, 2003). Their deaths were the result of the breaking of laws that should’ve protected them in their capture.…

    • 1027 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    During the beginning of WWI, America chose to stay neutral. America had no motivation to go to war, Europe was far away and most Americans didn’t feel like it was their obligation to needlessly interfere in a foreign war, even though a large portion of the American population was of European heritage. Relating back to George Washington’s farewell address, neutrality is the best policy, this also reflected the views of most citizens and politicians leaving the US neutral until later. Wilson’s policies were intent on keeping the US impartial to either side while he was persistent in the US’s right to keep trade going as usual with both parties. Wilson showed appeasement in his extensive efforts to avoid war even after numerous fouls on Germany’s…

    • 1028 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Interdependant Court Case

    • 487 Words
    • 2 Pages

    1. This appeal was critical of both the crown counsel and the trial judge in this case because of the credibility during the trial became an issue. Even though some objection was taken, crown counsel did not warn the jury, and gave instruction to neutralize the impropriety. Also, the cross-examination of the appellant was not fair and improper.…

    • 487 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Rio Pact Essay

    • 999 Words
    • 4 Pages

    Rio Pact 1947 was a big year for United States history, for it had many life changing events. One of those events included the Inter-American Treaty of Reciprocal Assistance, better known as the Rio Pact. The pact was created at the beginning of the Cold War for security amongst the Americas. The pact was heavily influenced by the Soviet red scare. The effects the Rio Pact had on the Cold War brought a mutual alliance that consequentially led to other treaties.…

    • 999 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    What POWs Can Teach Americans Both the Allies and the Axis powers committed many horrific crimes during World War II – most of which deserve to be known of. However, perhaps one of the most important things that everyone should know of is how prisoners of war (POWs) were treated in each country. In America, the military went above-and-beyond the standards to make sure all Nazi POWs were comfortable and treated humanely. However, it became evident that the treatment that Americans gave Nazi POWs was not being reflected in Nazi Germany. The American people were outraged at the atrocious acts committed by Hitler and his regime, and a congressional investigation was launched into the treatment of Nazi POWs.…

    • 1110 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Second World War was a brutal conflict that was marked in history as one of the largest and most brutal conflicts recorded in human history. The Axis and Allied Powers waged a terrible war against each other that spanned six continents. To ensure the defeat of the Axis Powers, "The Big Three," referred to Great Britain, the United States and the Soviet Union sought to bring about an end to the Axis Powers and Nazi Germany. These three countries were critical in ensuring the defeat of Nazi Germany. There will be an analysis of the agenda of the Allied Powers during the war and what the goals of the Allied Powers were post World War II.…

    • 757 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nuremberg Trials The Nuremberg Trials were held by the four major Allies of World War II which included the Soviet Union, the United Kingdom, the United States, and France. After the war was over, Joseph Stalin, the Soviet Leader, Franklin D Roosevelt, President of the U.S., and Winston Churchill, Prime Minister of Britain signed the Moscow Declaration which stated that the Axis power were to take responsibility for the war.…

    • 2125 Words
    • 9 Pages
    Improved Essays
  • Great Essays

    After the First World War had ended in 1918 the leaders of the world wanted to ensure that not only would another war of the same magnitude take place, but that no war would take place between the developed nations. On August 27, 1928 the Kellogg-Briand Pact was signed in Paris, France, which stated the renunciation of war as an instrument of national policy. When the Treaty became effective on July 24, 1929, thirty-two countries had deposited instruments of definitive adherence at Washington. Therefore these countries agreed to the three articles contained within the Kellogg-Briand Pact. Although the pact was unsuccessful in preventing the Second World War, it did create a great deal of controversy and varied opinions from those in the political and academic spheres.…

    • 1523 Words
    • 6 Pages
    Great Essays
  • Great Essays

    Introduction On July 17, 1998 South Africa signed and proceeded to ratify, the Rome Statute of the International Court (Plessis, 2007). South Africa was one of the earliest supporters for setting up the court that would be known to try extreme cases of human rights violations. The International Criminal Court (ICC) was in fact created to take care of any atrocities and punishing them within the international borders, ones that cannot be dealt with within their own territories. The ICC stands as a last resort to any criminal events still standing, within the realm of where its jurisdiction lies (Plessis, 2007).…

    • 2400 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Check And Balances

    • 796 Words
    • 4 Pages

    “Each branch of government has a check upon the other, and the two must balance one another to consummate the action. Even if each branch eyed the other skeptically, they were motivated to cooperate.” (Fox and Pope, p.94) The ability to check and balance is necessary in the government and in economics. Citizens of nations ruled by kings only serve the purpose of promoting the wealth of the king. Economies dominated by companies with monopolies don’t flourish, due to the lack of competition.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    After World War II the United Nations created tribunals for criminal prosecution of war crimes proceeded with the Nuremberg Trials. Since that time there have been other systems including the International Criminal Tribunal for the former Yugoslavia (ICTY) that dealt with the war crimes that occurred in Yugoslavia. Also, the International Criminal Tribunal for Rwanda (ICTR) which prosecuted those involved in the genocide in Rwanda (U.N., 2015). In addition, there are Hybrid Tribunals and the International Criminal Court (ICC). These tribunals and law courts are successful in prosecuting individuals involved in major crimes.…

    • 1770 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    The gold standard monetary system was in use from the 18th to 20th century. It is a system which economic units are based on a fixed quantity of gold. It was first used by the United Kingdom in 1717. The system offered price stability, a fixed exchange rate and free movement of gold. Other countries slowly began to see the advantages of the system, and by the end of the 1870’s, most industrial countries had followed the United Kingdom’s gold-backed exchange rate.…

    • 819 Words
    • 4 Pages
    Improved Essays