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American Review of International Arbitration - ARIA
ARIA Vol. 5 No. 1-4 1994
The topics that I have been asked to address are:
— the New York Convention;
— remedies in intellectual property cases;
— interim measures;
— reasons and form of the award.
I think that it might be practical if I deal with those topics in a slightly different order:
— some general observations about the New York Convention i.e., about the Convention itself and on those aspects of the Convention which are relevant to the other topics;
— reasons and forms of arbitral awards, including types of awards;
— remedies in intellectual property cases.
THE NEW YORK CONVENTION: GENERAL OBSERVATIONS
No dispute-resolution system has real merits if, at the end of the day, there is not some certainty that a decision, properly given by the competent authority, can be enforced. Enforcement is the implementation of an order given by a judicial authority, be it State court or arbitral tribunal.
This is particularly true for international disputes. Within national boundaries, the legislation will normally see to it that such enforcement is ensured. In the international world, in the absence of any international body with legislative power (apart from certain regional exceptions such as the European Union), this is far more complicated.
O.L.O. de Witt Wijnen - Partner Nauta Dutilh Rotterdam The Netherlands