Application of National Law or Other Treaty: Art VII
The party requesting recognition and enforcement may base its request on national law or an international treaty other than the NYC.
The “more favorable right provision” of Article VII(1) provides that, in the relationship between the NYC and national law, the rules more favorable to enforcement have priority.
Articles II(3) and III of the New York Convention provide the following framework for court measures in connection with international commercial arbitration:
At a maximum, court measures must not contradict the court's obligation under the treaty to refer the parties to arbitration. Within this framework there are many possible court measures having a different impact on international arbitration, from obstructive to cooperative. The New York Convention does not regulate these measures. They are regulated:
First, by the domestic laws and practice of the courts where they are sought;
