تنفيذ حكم التحكيم الأجنبي الباطل وفقا لنص المادة 5 1 ه من اتفاقية نيويورك لعام 1958

Abstract EN

A number of deficiencies have emerged under the New York Convention of 1958 on the "Recognition and Enforcement of Foreign Arbitral Awards".

These deficiencies are reflected in the ambiguous language of Article V (l) and the absence of the annulment grounds.

This research deals particularly with Article V (l) deficiency which affects mainly the refusal ground V (l) (e) dealing exclusively with annulled foreign arbitral awards.

The issues that will be discussed are : the importance of the Convention and its birth; the Convention deficiencies ; the competent authority to annul arbitral awards ; Article V(l) (e) ; the national enforcement courts' attempts to avoid the Convention defeciencies; and the extent of implementing Article V (l) (e) by clarifying approaches of national courts and academics.

This research concludes with clarifying the important role of the courts' discretion based on the Convention deficiencies and their resulted loopholes, and, thus clarifying that annulled foreign arbitral awards are capable of being recognised and enforced.