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: 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: A. J. van den Berg
Publisher: Kluwer Law International
Release Date: 1981-01-01
The New York Arbitration Convention of 1958 is the cornerstone of international commercial arbitration. Although judicial interpretation of the Convention has proceeded since the publication of Albert Jan van den Berg's classic commentary, his extraordinarily thorough analysis remains the preeminent work on the application and enforcement aspects of the Convention. Setting out to repair what van den Berg calls "an undesirable degree of uncertainty" in judicial interpretation of the Convention, his analysis takes a comparative approach to relevant court decisions in the contracting states. For each of three main subject areas - the field of application, enforcement of the agreement, and enforcement of the award - he examines the various issues, explaining the relevant Convention provisions and analyzing and comparing the relevant court decisions. For issues on which a consensus is lacking, he offers an analysis leading to a single valid interpretation. Many of these interpretations have become virtually settled in current practice. In addition to case law, the author takes into account the legislative history of the 1958 Conference and the provisions of earlier arbitration conventions. This is a true classic in the sense that its immediate usefulness has never flagged over the nearly three decades of its availability. Arbitrators and judges everywhere have leaned on it, and continue to lean on it, for the depth and clarity of its understanding of the law of international commercial arbitration. While it is a standard academic work in the field, its proven great practical value to jurists and practitioners persists.
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: David Riesman
Publisher: Yale University Press
Release Date: 2001-02-08
Genre: Social Science
The Lonely Crowd is considered by many to be the most influential book of the twentieth century. Its now-classic analysis of the 'new middle class' in terms of inner-directed and other-directed social character opened exciting new dimensions in our understanding of the psychological, political, and economic problems that confront the individual in contemporary American society. The 1969 abridged and revised edition of the book is now reissued with a new foreword by Todd Gitlin that explains why the book is still relevant to our own era.
Author: Jan Paulsson
Publisher: OUP Oxford
Release Date: 2013-11-21
What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
Author: John F. Kennedy
Release Date: 2017-05-23
Throughout his presidency, John F. Kennedy was passionate about the issue of immigration reform. He believed that America is a nation of people who value both tradition and the exploration of new frontiers, people who deserve the freedom to build better lives for themselves in their adopted homeland. This modern edition of his posthumously published, timeless work—with a new introduction by Senator Edward M. Kennedy and a foreword by Abraham H. Foxman, national director of the Anti-Defamation League—offers the late president's inspiring suggestions for immigration policy and presents a chronology of the main events in the history of immigration in America. As continued debates on immigration engulf the nation, this paean to the importance of immigrants to our nation's prominence and success is as timely as ever.
Author: Madeline Miller
Publisher: A&C Black
Release Date: 2012-04-12
WINNER OF THE ORANGE PRIZE FOR FICTION 2012 Greece in the age of heroes. Patroclus, an awkward young prince, has been exiled to the court of King Peleus and his perfect son Achilles. Despite their differences, Achilles befriends the shamed prince, and as they grow into young men skilled in the arts of war and medicine, their bond blossoms into something deeper - despite the displeasure of Achilles's mother Thetis, a cruel sea goddess. But when word comes that Helen of Sparta has been kidnapped, Achilles must go to war in distant Troy and fulfill his destiny. Torn between love and fear for his friend, Patroclus goes with him, little knowing that the years that follow will test everything they hold dear.
Author: Barbara W. Tuchman
Publisher: Random House
Release Date: 2011-07-20
Pulitzer Prize–winning historian Barbara W. Tuchman, author of the World War I masterpiece The Guns of August, grapples with her boldest subject: the pervasive presence, through the ages, of failure, mismanagement, and delusion in government. Drawing on a comprehensive array of examples, from Montezuma’s senseless surrender of his empire in 1520 to Japan’s attack on Pearl Harbor, Barbara W. Tuchman defines folly as the pursuit by government of policies contrary to their own interests, despite the availability of feasible alternatives. In brilliant detail, Tuchman illuminates four decisive turning points in history that illustrate the very heights of folly: the Trojan War, the breakup of the Holy See provoked by the Renaissance popes, the loss of the American colonies by Britain’s George III, and the United States’ own persistent mistakes in Vietnam. Throughout The March of Folly, Tuchman’s incomparable talent for animating the people, places, and events of history is on spectacular display. Praise for The March of Folly “A glittering narrative . . . a moral [book] on the crimes and follies of governments and the misfortunes the governed suffer in consequence.”—The New York Times Book Review “An admirable survey . . . I haven’t read a more relevant book in years.”—John Kenneth Galbraith, The Boston Sunday Globe “A superb chronicle . . . a masterly examination.”—Chicago Sun-Times From the Trade Paperback edition.