Pragmatism Above All: The New York Convention Translation Requirement from the Dutch Perspective

Pursuant to the procedure envisaged by New York Convention, a party seeking recognize and enforce foreign arbitral award shall translate agreement arbitrate into an official language of country where enforcement is sought. By large, such requirement would not be difficult interpret. At same time, obligation produce translation often involves additional (and potentially) high costs already expensive arbitration process. Moreover, providing from that parties chose may considered overly formalistic going against pro-enforcement spirit Convention. This particularly so in cases judge’s proficiency sufficient evaluate content award. article discusses consequences failing translation, including complicating factors arise when only relevant part has been translated applying for recognition under requirement, pragmatism, costs, disbursement, award, bias