Interpretation and Application of the New York Convention in Australia

Although the New York Convention’s application has been reasonably successful and positive, the Australian jurisdiction offers an example of how the interpretation and the application of the Convention can be disrupted by even minor modifications in the transcription of the Convention into domestic legislation. This chapter is also remarkable for its thorough and extended discussion of cases discussing complex questions of interpretation, as well as for several examples of enforcement decisions where partial enforcement is privileged over a complete refusal of recognition and enforcement in order, to pursue the pro-enforcement spirit of the Convention.