The Arbitral Protocol: The Geneva Protocol

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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
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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
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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

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