The free circulation of awards is ensured by the 10 June 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Even though freedom is the essence of arbitration, limits exist. The purpose of this article is to analyse the way France and Belgium deal with the limits related to arbitrability, due process and public policy in the light of Article V of the New York Convention, which lists a series of situations where recognition and enforcement of an award may be refused at the request of the party against whom it is invoked, or by the court on its own motion.
Journal of International Arbitration