East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA

Authors

Elana Levi-Tawil, Benjamin N. Cardozo School of Law

Abstract

As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral awards by unifying the manner in which enforcement courts reach their decision.

Disciplines

Commercial Law | Comparative and Foreign Law | Dispute Resolution and Arbitration | International Trade Law | Law

Recommended Citation

Elana Levi-Tawil, East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA, 12 Cardozo J. Conflict Resol. 609 (2011).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss2/14