An Analysis of the Enforcement of Foreign Arbitration Awards in Palestine: Realities, Drawbacks, and Prospects

Abstract

This article highlights the gaps and difficulties that face the enforcement of foreign arbitration awards in Palestinian courts. In addition, it constructs recommendations for legal and judicial approaches that the Palestinian Authority should adopt to create a ‘pro-arbitration’ system. The article first provides a general analysis of the regulatory deficiencies in the enforcement of foreign arbitration awards, which include the inapplicability of the New York Convention, the existence of the reciprocity principle as a condition of enforcement, and the lack of presumptive obligation of recognising the validity of arbitration awards in Palestine. Afterward, the article focuses on the procedural level of enforcing foreign arbitration awards. It addresses difficulties that face the award-creditor when attempting to enforce the award through the competent court, as well as the Palestinian courts’ approach when reviewing the exequatur, and how this attitude affects the granting enforcement.