The New York Convention In The Digital Economy: Enforcing Arbitral Awards Against Global Technology Corporation
- IJLLR Journal
- Jul 5
- 1 min read
Kanishka Sakshi, National University of Study and Research in Law
Shantanu Shreshtha, National University of Study and Research in Law
ABSTRACT
The present paper will discuss the difficulties faced by the transnational technology company in the enforcement of international commercial arbitrations, especially in light of the 1958 New York Convention. It states that there is a structural and economic advantage for tech giants like Alphabet Inc., Apple Inc., Meta Platforms Inc., Amazon.com Inc. and Microsoft Corporation in enforcing cross-border arbitral awards. The study looks at various issues such as asset shielding through corporate structures, public policy exceptions, digital sovereignty, and data localization mandates, among others, by looking at doctrinal, comparative, and normative analysis. The current enforcement regime falls short of meeting the challenges of today's tech firms in terms of their operational and geopolitical context, the paper argues. It suggests reforms such as amendments to treaties, uniform adjudicatory principles, and enforcement regimes for technology- specific arbitrations in arbitral institutions.
Keywords: International Commercial Arbitration, New York Convention, Tech Giants, CrossBorder Enforcement, Digital Sovereignty, Arbitral Awards, Jurisdictional Challenges, Data Localization, Corporate Structures, International Dispute Resolution
