This article highlights the gaps and difficulties, which face the enforcement of foreign arbitration awards in the Palestinian courts. In addition, it constructs recommendations for legal and judicial approaches the Palestinian Authority should adopt to create a ‘pro-arbitration’ system. The article firstly provides a general analysis of the regulatory deficiencies in the enforcement of foreign arbitration awards, which include the inapplicability of the New York Convention, the existence of the reciprocity principle as a condition of enforcement, and the lack of presumptive obligation of recognizing the validity of arbitration awards in Palestine. Afterward, the article focuses on the procedural level of enforcing foreign arbitration awards and addresses difficulties that face the award-creditor when attempting to enforce the award through the competent court as well as the Palestinian courts’ approach when reviewing the exequatur, and how this attitude affects the granting enforcement.

العنوان

Arab Law Quarterly

الناشر

BRILL

بلد الناشر

هولندا

Indexing

Scopus

معامل التأثير

0,2

نوع المنشور

Both (Printed and Online)

المجلد

36

السنة

2020

الصفحات

1-34