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.
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.
Author: Herbert Kronke
Publisher: Kluwer Law International
Release Date: 2010
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
Author: Julian D. M. Lew
Publisher: Kluwer Law International
Release Date: 2003
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author: George A. Bermann
Release Date: 2017-06-27
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.”
The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Release Date: 2017-02-15
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Philippe Fouchard
Publisher: Kluwer Law International
Release Date: 1999-09-02
Genre: Business & Economics
This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular. As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.
Author: Anton G. Maurer
Publisher: Juris Publishing, Inc.
Release Date: 2013-06-01
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.
Author: Elie Wiesel
Publisher: Hill and Wang
Release Date: 2012-02-07
Genre: Biography & Autobiography
A New Translation From The French By Marion Wiesel Night is Elie Wiesel's masterpiece, a candid, horrific, and deeply poignant autobiographical account of his survival as a teenager in the Nazi death camps. This new translation by Marion Wiesel, Elie's wife and frequent translator, presents this seminal memoir in the language and spirit truest to the author's original intent. And in a substantive new preface, Elie reflects on the enduring importance of Night and his lifelong, passionate dedication to ensuring that the world never forgets man's capacity for inhumanity to man. Night offers much more than a litany of the daily terrors, everyday perversions, and rampant sadism at Auschwitz and Buchenwald; it also eloquently addresses many of the philosophical as well as personal questions implicit in any serious consideration of what the Holocaust was, what it meant, and what its legacy is and will be.
Author: Albert J. Van den Berg
Publisher: Kluwer Law International
Release Date: 2004-12
For nearly three decades the international legal, business and academic communities have relied on theYearbook Commercial Arbitration for comprehensive coverage of the complex field of international commercial arbitration. With its reporting on developments in legislation and arbitral institutions, and its excerpts of arbitral awards and court decisions, Volume XXIX continues the Yearbook¿s tradition of providing topical information in special sections, covering: Awards from arbitral institutions not readily available elsewhere. Court decisions on arbitration, including: Canadian court decisions on awards made in connection with NAFTA Chapter 11 and US Supreme Court decisions on procedural issues, damages and the applicability of the Federal Arbitration Act. Arbitration rules from leading arbitral institutions, this year featuring: The new arbitration rules and code of ethics from the Arbitration Chamber of Milan, with an introduction by Rinaldo Sali. The New Swiss Rules of International Arbitration, introduced by Dr. Wolfgang Peter. The American Arbitration Association/American Bar Association¿s Code of Ethics for Arbitrators in Commercial Disputes, with an introduction by William K. Slate II. The Guidelines on Conflicts of Interest in International Commercial Arbitration issued by the International Bar Association. The International Law Association=s resolution on public policy as a ground for refusing recognition or enforcement of international arbitral awards, introduced by Pierre Mayer and Audley Sheppard. Court Decisions on the leading international arbitration conventions, with: Excerpts of 72 court decisions applying the 1958 New York Convention from the national courts of 10 countries, including extensive coverage of recent decisions from the German courts. US decisions applying the 1975 Panama Convention. A Bibliography of recent books and journals on arbitration. Edited by the International Council for Commercial Arbitration (ICCA), the world¿s leading organization representing practitioners and academics in the field, the Yearbook is a vital resource for anyone involved in the practice and study of international arbitration.
Author: Jan Paulsson
Publisher: Oxford University Press
Release Date: 2013-11
Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
"Satisfying, gratifying, touching, weighty—this authentic piece of work has got soul."—The New York Times Book Review As twelve-year-old Marlee starts middle school in 1958 Little Rock, it feels like her whole world is falling apart. Until she meets Liz, the new girl at school. Liz is everything Marlee wishes she could be: she's brave, brash and always knows the right thing to say. But when Liz leaves school without even a good-bye, the rumor is that Liz was caught passing for white. Marlee decides that doesn't matter. She just wants her friend back. And to stay friends, Marlee and Liz are even willing to take on segregation and the dangers their friendship could bring to both their families. Winner of the New-York Historical Society Children’s History Book Prize A New York Times Book Review Editor’s Choice From the Trade Paperback edition.
Author: Joanna Scott
Publisher: Little, Brown
Release Date: 2017-07-25
New York in the late 1950s. A city, and a world, on the cusp of change... Maggie Gleason is looking toward the future. Part of a midcentury wave of young women seeking new lives in New York City, Maggie works for legendary Port Authority public relations maven Lee K. Jaffe--affectionately known to her loyal staff as Mrs. J. Having left Cleveland, Maggie has come to believe that she can write any story for herself that she imagines. Pauline Moreau is running from the past--and a shameful secret. She arrives in the city on the brink of despair, saddled with a young daughter who needs more love, attention, and resources than Pauline can ever hope to provide. Seeing that Pauline needs a helping hand, Mrs. J tasks Maggie with befriending, and looking after, Pauline. As the old New York gives way to the new, and Mrs. J's dream of the world's largest skyscraper begins to rise from the streets of lower Manhattan, Pauline--with the aid of Maggie and Mrs. J--also remakes herself. But when she reignites the scandal that drove her to New York, none of their lives will ever be the same. Maggie must question everything she thought she knew about love, work, ambition, and family to discover the truth about the enigmatic, strong woman she thought she had rescued. Careers for Women is a masterful novel about the difficulties of building a career, a dream, or a life--and about the powerful small mercies of friendship and compassion.