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 B.V.
Release Date: 2010-01-01
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: Jingzhou Tao
Publisher: Kluwer Law International B.V.
Release Date: 2008-01-01
Here in a revised and updated edition is a book that has been widely relied upon since 2003 by business people and their counsel with interests in China. Written by a foremost Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged as the preferred method For The resolution of international commercial disputes with a Chinese party or parties. Covering all current legislative trends, The new edition focuses on those aspects of the applicable law, interpretation and implementation that have combined to produce a unique system of arbitration, often referred to as Arbitration with Chinese Characteristics. Both of the key international arbitration institutions, The China International Economic and Trade Arbitration Commission (CIETAC) And The China Maritime Arbitration Commission (CMAC) are described in depth. The author’s insightful approach highlights the following aspects of the subject and more: what is permitted and what is prohibited under the Arbitration Law; enforcement of foreign judgements in China and of Chinese judgements elsewhere; application of uniform procedural rules; measures to overcome local protectionism; effects of China’s most important bilateral investment treaties (BITs); arbitration-related interpretations of the Supreme People’s Court; forms of arbitration agreement; and substantive requirements of the arbitration agreement. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant legal instruments for quick, direct reference To The relevant law– and an annex with English texts of the most important laws and regulations – this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the book’s special significance to non-Chinese practitioners lies in its attention to the difference between Chinese arbitration And The prevailing practice in Western countries, particularly where such difference represents a significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. it will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.
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.”
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.
Born into a Jewish ghetto in Hungary, as a child, Elie Wiesel was sent to the Nazi concentration camps at Auschwitz and Buchenwald. This is his account of that atrocity: the ever-increasing horrors he endured, the loss of his family and his struggle to survive in a world that stripped him of humanity, dignity and faith. Describing in simple terms the tragic murder of a people from a survivor's perspective, Night is among the most personal, intimate and poignant of all accounts of the Holocaust. A compelling consideration of the darkest side of human nature and the enduring power of hope, it remains one of the most important works of the twentieth century. New translation by Marion Wiesel, with a new introduction by Elie Wiesel.
Author: Madeline Miller
Publisher: A&C Black
Release Date: 2011-09-05
Greece in the age of Heroes. Patroclus, an awkward young prince, has been exiled to the kingdom of Phthia. Here he is nobody, just another unwanted boy living in the shadow of King Peleus and his golden son, Achilles. Achilles, 'best of all the Greeks', is everything Patroclus is not - strong, beautiful, the child of a goddess - and by all rights their paths should never cross. Yet one day, Achilles takes the shamed prince under his wing and soon their tentative companionship gives way to a steadfast friendship. As they grow into young men skilled in the arts of war and medicine, their bond blossoms into something far deeper - despite the displeasure of Achilles's mother Thetis, a cruel and deathly pale sea goddess with a hatred of mortals. Fate is never far from the heels of Achilles. When word comes that Helen of Sparta has been kidnapped, the men of Greece are called upon to lay siege to Troy in her name. Seduced by the promise of a glorious destiny, Achilles joins their cause, Torn between love and fear for his friend, Patroclus follows Achilles into war, little knowing that the years that follow will test everything they have learned, everything they hold dear. And that, before he is ready, he will be forced to surrender his friend to the hands of Fate. Profoundly moving and breathtakingly original, this rendering of the epic Trojan War is a dazzling feat of the imagination, a devastating love story, and an almighty battle between gods and kings, peace and glory, immortal fame and the human heart.
Author: Frank Kusch
Publisher: University of Chicago Press
Release Date: 2008-05-01
The 1968 Democratic Convention, best known for police brutality against demonstrators, has been relegated to a dark place in American historical memory. Battleground Chicago ventures beyond the stereotypical image of rioting protestors and violent cops to reevaluate exactly how—and why—the police attacked antiwar activists at the convention. Working from interviews with eighty former Chicago police officers who were on the scene, Frank Kusch uncovers the other side of the story of ’68, deepening our understanding of a turbulent decade. “Frank Kusch’s compelling account of the clash between Mayor Richard Daley’s men in blue and anti-war rebels reveals why the 1960s was such a painful era for many Americans. . . . to his great credit, [Kusch] allows ‘the pigs’ to speak up for themselves.”—Michael Kazin “Kusch’s history of white Chicago policemen and the 1968 Democratic National Convention is a solid addition to a growing literature on the cultural sensibility and political perspective of the conservative white working class in the last third of the twentieth century.”—David Farber, Journal of American History
Author: Alistair Horne
Publisher: Pan Macmillan
Release Date: 2012-08-09
Thoroughly sharp and honest treatment of a brutal conflict.The Algerian War (1954-1962) was a savage colonial war, killing an estimated one million Muslim Algerians and expelling the same number of European settlers from their homes. It was to cause the fall of six French prime minsters and the collapse of the Fourth Repbulic. It came close to bringing down de Gaulle and - twice - to plunging France into civil war.The story told here contains heroism and tragedy, and poses issues of enduring relevance beyond the confines of either geography or time. Horne writes with the extreme intelligence and perspicacity that are his trademarks.
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.