Issues that arise in enforcement more specifically what happens when countries that haven't adopted the Geneva or New York conventions.
* Where the governing law isn't explicity explained law for of arbitration and/or substantive law would apply for deciding disputes?
* Who would decide what law applies to deciding such disputes?
* How do you resolve Conflicts that arise between the governing law of contract and the law of the country of arbitration.
* How do you resolve Conflicts in laws of different countries as to the subject matters of arbitration, for example where laws between two countries differ
* Whether laws are binding on arbitration or whether disputes submitted to expert determination can be referred to arbitration or not?
* What cases are referred to international arbitration? Why? And who decides where the cases are arbitrated?
* What happens when countries have adopted the New York or Geneva Conventions.
Introduction.
International arbitration is an important aspect of international law. Countries are bonded by international law if they have accepted the rules of the Geneva Convention. Arbitration is when you decide to use an alternative way to resolve international disputes. It is a way of coming to an agreement with lot escalating the conflict.
What is the Geneva Convention?
The Geneva Conventions are agreements on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered unable to fight combat.
What are the New York Conventions
Considered one of the most important advancements of international arbitration. The Convention requires courts of the countries that agreed to the conventions to give effect to private agreements to arbitration and to recognize arbitration decisions. Widely considered the foundational instrument for international arbitration.
Research Methodology:
Research will consist of scholarly articles and research. It is important to find a lot of information that will be unique to this research. One of the main things will be to find countries which have adopted both conventions. Another important issue will be to find countries that have not adopted the conventions. Also to research past conflicts will be another important part of the research.
Preliminary Table of contents – all page numbers are estimate- depending on how much you write
Cover page- I
Chapter 1- Literature review?- not sure if you need this – Page 1-4?
Sources
Chapter 2- Introduction – page 4
Background information
History
What is Geneva convention?
What are the New York convention?
Chapter 3- Research questions – page 5-6
Question 1
Question 2
Question 3
Question 4
Question 5
Chapter 4- Research methodology – page 6-7
What methods were used
What was found
Chapter 5 Findings- page 7-15
Answers to questions
Answers to research questions
Chapter 6- Conclusion- page 16
Next steps
Reference page
Preliminary references
http://nyiac.org- New York International Arbitration Center- lots of resources and information here
https://www.lw.com/thoughtleadership/guide-to-international-arbitration-2014
Guide to International arbitration- Great resource
http://ask.metafilter.com/118997/Understanding-the-Geneva-Convention
Wonderful explanation of the Geneva Convention
http://foreignpolicy.com/2010/08/11/obama-bush-and-the-geneva-conventions/
Foreign policy explanations on the Geneva Convention. Connecting it with present day government.
http://www.newyorkconvention1958.org
Explains about the New York Conventions
http://digitalcommons.mcgeorge.edu/cgi/viewcontent.cgi?article=1028&context=facultyarticles
Scholarly article in regards to international arbitration
http://web.law.columbia.edu/students/student-services/learning/student-journals/american-review-international-arbitration
Scholarly articles from Columbia university regarding arbitration.
