La aplicabilidad del Convenio de Nueva York al arbitraje de inversiones: efectos de las reservas al Convenio

Abstract

The 1958 New York Convention allows its States party to make two reservations thereto in order to block the recognition and enforcement of a number of arbitral awards. Both the reciprocity reservation and the commercial reservation may affect an award issued from a dispute between a foreign investor and a sovereign State, thus putting into question the applicability of the Convention to investment arbitration. As a result, many States have included some clauses in their BITs and FTAs and in their municipal statutes to prevent from the recognition and enforcement of these arbitral awards being refused on these grounds.