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The 1958 New York Convention In Action
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Book Synopsis The 1958 New York Convention in Action by : Marike Paulsson
Download or read book The 1958 New York Convention in Action written by Marike Paulsson and published by Kluwer Law International B.V.. This book was released on 2016-02-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: • the text and its issues; • original intent; • the prism of the rules of interpretation of the Vienna Convention; • judicial outcomes; and • appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.
Author :United Nations Commission on International Trade Law Publisher :United Nations ISBN 13 :9210583183 Total Pages :352 pages Book Rating :4.2/5 (15 download)
Book Synopsis UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.
Book Synopsis New York Convention by : Reinmar Wolff
Download or read book New York Convention written by Reinmar Wolff and published by Anchor Books. This book was released on 2012 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world characterized, on the one hand, by globalized trade and commerce, and, on the other, by deteriorating judicial services, arbitration has become the dispute resolution mechanism of choice in cross-border commercial transactions. International arbitration not only paves the way for parties to avoid State courts, it also facilitates the transnational enforceability of awards that are far more effective than the enforceability of State court judgments. The major instrument is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) of June 10, 1958, which entered into force one year after. Since then, the New York Convention has been ratified by 144 States, including all the important trading nations. For good reason, the New York Convention is labeled the Magna Carta of international arbitration. The courts of any contracting State are required "to give effect to an agreement to arbitrate when seized of an action in a matter covered by an arbitration agreement and also to recognize and enforce awards made in other States, subject to specific limited exceptions" (UNCITRAL). In this book, the 16 articles of the Convention are dealt with in an article-by-article analysis, following a clear structure which swiftly guides the reader to the issue that he or she is engaged with. Given the New York Convention's global relevance, it follows that potential users of the Convention are in need of guidance as to how to apply it. The primary readers of this book will be: lawyers seeking (or defending against) recognition and enforcement of foreign arbitral awards worldwide, State court judges applying the Convention in recognition proceedings, and in-house lawyers in large and/or multinational enterprises dealing with transnational dispute resolution.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : George A. Bermann
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by George A. Bermann and published by Springer. This book was released on 2017-07-17 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Book Synopsis National Interest and International Aviation by : Erwin von den Steinen
Download or read book National Interest and International Aviation written by Erwin von den Steinen and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the problems and opportunities facing society today are determined by issues of mobility. Access to people, products, information and resources has emerged as a priority in the foreign policies of most states. Inevitably, considerations of national interest have played a central role in the structure and operations of the international aviation system. Meanwhile, air transport has been a catalyst for the phenomenon of globalization. This first in-depth exploration of the vital relationship between aviation policy and national interest in todays global economy focuses on those areas of concern where the international community has common ground or where conflicts of interest are most likely to arise. Revealing deeply informed perspectives gained from decades of distinguished public service in many areas of aviation policy, Erwin von den Steinen reviews the rules that govern the conduct of commercial air services between nations and considers the prospects of aviation in the 21st Century. He explains how timely understanding of national interest can provide a context for global and local policy to connect, and why the international aviation system is vital for the peaceful and sustainable development of modern states and societies. With such insights and powerful, practical recommendations, von den Steinens analysis will be of enormous value to those concerned with air transport, from technical research and design to the highest levels of government, as well as to lawyers and academics in international law and relations. anda tour of the major issues in international aviation law and policy under the guidance of an authentic homme engageand Ultimately, this book is the work of someone who deeply appreciates the aviation industry both at its technical level, that of its often-frustrating machinations of law and policy, and also at the emotional level of a special business that exemplifies freedom and imagination like few others do.and Brian F. Havel andThe Introduction has one of the best free flowing leads to a book detailing the politics of aviation and diplomacy I have come acrossand . I commend this book to lawyers, diplomats and students of aero-politics and lawand . I would prescribe this book to my graduate students as compulsory reading for their course in Aero-political and legal Environment.and Dr Ruwantissa Abeyratne
Book Synopsis Autonomous Versus Domestic Concepts under the New York Convention by : Franco Ferrari
Download or read book Autonomous Versus Domestic Concepts under the New York Convention written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2021-03-09 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library # 61 The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States. With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following: the role of private international law under the Convention; notions of arbitrability and arbitral award; procedures for the enforcement of awards; nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a); the incapacity defence under Article V(1)(a); deviations from procedure; autonomous boundaries as to what falls under the issue of scope; and public policy under the Convention. The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : Herbert Kronke
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by Herbert Kronke and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Book Synopsis Yearbook: Commercial Arbitration by : International Council for Commercial Arbitration
Download or read book Yearbook: Commercial Arbitration written by International Council for Commercial Arbitration and published by . This book was released on 1999 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to International Arbitration by : Ilias Bantekas
Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Book Synopsis The Guide to Challenging and Enforcing Arbitration Awards by : John William Rowley
Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Arbitration in New York by : James H. Carter
Download or read book International Commercial Arbitration in New York written by James H. Carter and published by Oxford University Press. This book was released on 2013 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
Book Synopsis Congressional Record by : United States. Congress
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1876 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fouchard, Gaillard, Goldman on International Commercial Arbitration by : Philippe Fouchard
Download or read book Fouchard, Gaillard, Goldman on International Commercial Arbitration written by Philippe Fouchard and published by Kluwer Law International B.V.. This book was released on 1999-09-02 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Book Synopsis New York Convention by : Giorgio Gaja
Download or read book New York Convention written by Giorgio Gaja and published by . This book was released on 1996 with total page 1268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is part of the International Commercial Arbitrations service, and includes the text of the New York Convention, a list of ratifications, adhesions and reservations; the complete collection of the preparatory works, over 30 decisions from countries applying the Concention, and other materials.
Book Synopsis Enforcement of Arbitration Agreements and International Arbitral Awards by : Emmanuel Gaillard
Download or read book Enforcement of Arbitration Agreements and International Arbitral Awards written by Emmanuel Gaillard and published by Cameron May, Limited. This book was released on 2008 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Arbitration Agreements and International Arbitral Awards provides the most exhaustive commentary on the fundamental aspects of the New York Convention. The significant legal developments and associated practice over the last 50 years have been put been put under the microscope by distinguished academics and practitioners in the area. Each of the 31 chapters provides focused analysis of individual issues with the emphasis on the relevant case law from various Contracting States without ever straying from a global outlook.
Book Synopsis Arbitration in India by : Dushyant Dave
Download or read book Arbitration in India written by Dushyant Dave and published by Kluwer Law International B.V.. This book was released on 2021-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.
