Originally from Anti-suit Injunctions in International Arbitration

There are a few workable solutions to deal with international arbitration problems regarding arbitral interim measures including anti-suit injunctions. In order to embrace anti-suit injunctions, countries should adapt their national arbitration laws by considering article 17 of the UNCITRAL Model Law (2006). As a second solution, the NYC (1958)’s text is more than 60 years old and it is time to come up with a modern version to solve controversial issues such as interim measures.

Albert Jan van den Berg, who is a strong proponent of updating the NYC (1958), came up with the Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and Awards (“Draft Convention”).  The author finds this study very intriguing, inspiring, and brave. The Draft Convention has been criticized since it does not stress “international awards.”  Critics also argue that there is no need and also no possibility for such a change.  Article VII of the NYC (1958) is also given as reason for why the text should not be touched since national law can always come up with more favorable provisions.  Political consensus is difficult and persuading 157 countries seems to be another hurdle.  The author believes that the criticisms do not change that fact that the text of the NYC (1958) is old and does not answer contemporary problems in international arbitration.