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Tag Archive for: NY Convention

From Deference to Objectivity: How Courts Are Rewriting the Commercial Reservation

February 3, 2026/1 Comment/in Views/by Tobias Lutzi

By Taimoor Raza Sultan, Stockholm University

Introduction

The 1958 New York Convention (‘NYC’) is widely regarded as international arbitration’s most significant achievement. Having been ratified by over 160 states, , establishing a credible system of enforcement for arbitral awards. Yet the commercial reservation under Article 1(3), which allows the reserving state to limit the application of the ‘Convention only to differences …. considered as commercial’ under its own national law, risks jeopardizing the uniformity of the convention. By domesticating the definition of commerciality, the reservation invites forum shopping and inconsistent enforcement. Read more

https://conflictoflaws.net/News/2026/02/COLOURBOX64672371.jpg 5464 8192 Tobias Lutzi https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Tobias Lutzi2026-02-03 13:34:482026-02-04 10:44:53From Deference to Objectivity: How Courts Are Rewriting the Commercial Reservation

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