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The Public Policy Exception In The Judicial Review Of International Commercial Arbitral Awards
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Book Synopsis The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by : Shu Zhang
Download or read book The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards written by Shu Zhang and published by Springer Nature. This book was released on 2023-09-19 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.
Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi
Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Book Synopsis International Arbitration and Public Policy by : Devin Bray
Download or read book International Arbitration and Public Policy written by Devin Bray and published by Juris Publishing, Inc.. This book was released on 2014-10-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in two parts. In the first part of the book the authors tackle the daunting task of articulating the architecture and function of international public policy, highlighting its domestic and transnational dimensions as well as procedural and substantive contours. In the second part of the book, the authors tease out specific manifestations of the international public policy concept, addressing issues commonly seen in the application of the public policy concept in various jurisdictions and regions of the world, including the United States, Sweden, Switzerland, Ukraine, and East Asia, as well as under New York Convention.
Book Synopsis Public Policy Exception Under The New York Convention by : Anton G. Maurer
Download or read book Public Policy Exception Under The New York Convention written by Anton G. Maurer and published by Juris Publishing, Inc.. This book was released on 2013-06-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.
Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou
Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
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 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 Arbitration Review by : James H Carter
Download or read book International Arbitration Review written by James H Carter and published by Law Business Research Ltd.. This book was released on 2017-09-19 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
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 The Review of International Arbitral Awards by : Emmanuel Gaillard
Download or read book The Review of International Arbitral Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. --
Book Synopsis The Cambridge Handbook of Judicial Control of Arbitral Awards by : Larry A. DiMatteo
Download or read book The Cambridge Handbook of Judicial Control of Arbitral Awards written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2020-10-29 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari
Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
Book Synopsis Arbitrability by : Loukas A. Mistelis
Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Book Synopsis The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by : Frédéric Bachand
Download or read book The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration written by Frédéric Bachand and published by Juris Publishing, Inc.. This book was released on 2013-08-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by : Ihab Abdel Salam Amro
Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice written by Ihab Abdel Salam Amro and published by Cambridge Scholars Publishing. This book was released on 2014-03-26 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
Book Synopsis Overriding Mandatory Rules in International Commercial Arbitration by : Hossein Fazilatfar
Download or read book Overriding Mandatory Rules in International Commercial Arbitration written by Hossein Fazilatfar and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Book Synopsis International Arbitration in Times of Economic Nationalism by : Bjorn Arp
Download or read book International Arbitration in Times of Economic Nationalism written by Bjorn Arp and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.
