Autonomous Versus Domestic Concepts Under The New York Convention

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Autonomous Versus Domestic Concepts Under The New York Convention

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Author : Franco Ferrari
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-03-09

Autonomous Versus Domestic Concepts Under The New York Convention written by Franco Ferrari and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.

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.

Recognition And Enforcement Of Foreign Arbitral Awards

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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-17

Recognition And Enforcement Of Foreign Arbitral Awards written by Franco Ferrari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-17 with Law categories.

This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.

Transnational Due Process And Article V 1 B Of The New York Convention

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Author : Dan Xie
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-06-18

Transnational Due Process And Article V 1 B Of The New York Convention written by Dan Xie and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-18 with Law categories.

Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.

Research Methods In Private International Law

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Author : Xandra Kramer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02

Research Methods In Private International Law written by Xandra Kramer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Elgar Concise Encyclopedia Of International Commercial Arbitration

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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-06-09

Elgar Concise Encyclopedia Of International Commercial Arbitration written by Franco Ferrari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-09 with Law categories.

This Encyclopedia provides a concise overview of key topics in the field of international arbitration. It covers the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration and the IBA Guidelines on conflicts of interest, party representation and the taking of evidence, among many other fundamental matters.

Cambridge Compendium Of International Commercial And Investment Arbitration

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Author : Stefan Kröll
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-02

Cambridge Compendium Of International Commercial And Investment Arbitration written by Stefan Kröll and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.

The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

The Singapore Convention On Mediation

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Author : Guillermo Palao
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-13

The Singapore Convention On Mediation written by Guillermo Palao and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-13 with Law categories.

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.

International Arbitration And Technology

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Author : Pietro Ortolani
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-10-11

International Arbitration And Technology written by Pietro Ortolani and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-11 with Law categories.

Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

Recognition And Enforcement Of Foreign Arbitral Awards

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Author : Herbert Kronke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-12-05

Recognition And Enforcement Of Foreign Arbitral Awards written by Herbert Kronke and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-05 with Law categories.

Few instruments in international law have become as clearly and successfully established worldwide as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It has continued to prove itself throughout the fourteen years since the publication of the first edition of this preeminent commentary – a period during which the Convention’s scope and application have been greatly augmented by numerous court decisions rendered in jurisdictions around the globe and regarding arbitral awards resulting from both commercial and investor-State disputes, as well as by abundant legal scholarship, calling for an updated edition. The second edition retains the book’s article-by-article format, both text and detailed analysis, including each provision’s theoretical underpinnings and practical application in a wide variety of jurisdictions around the world. The editors have assembled a group of authors – some already involved in the first edition, some new – each of them an experienced practitioner in the field of international arbitration in their particular country and deeply conversant with the leading (and most recent) arbitrations and relevant court decisions in their domestic case law. The commentary includes updated and expanded coverage of such aspects of arbitration practice as the following: application by domestic courts of the grounds for refusal of recognition and enforcement of arbitral awards; use of reservations made by Contracting States; distinctions between recognition sought at the seat of the arbitration and outside the seat; safeguarding due process standards; the ‘more favourable rights’ principle embodied in Article VII(1); forum shopping; and the role of formalities and formalism. To continue to provide a truly international view of how the Convention functions in practice, the analysis thoroughly covers the major recent issues that have arisen in its application and their resolutions in diverse cases. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.

Yearbook Commercial Arbitration Volume Xlvi 2021

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Author : Stephan W. Schill
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-02

Yearbook Commercial Arbitration Volume Xlvi 2021 written by Stephan W. Schill and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Law categories.

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVI (2021) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as awards rendered in accordance with the rules of the Stockholm Chamber of Commerce (SCC); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Belize, Brazil, Ecuador, Ethiopia, Hong Kong SAR, India, Iran, Iraq, Malawi, Ukraine, and Uzbekistan ; • excerpts of 85 court decisions applying the 1958 New York Convention from 28 countries – including, for the first time, cases from Costa Rica, Cuba, and Iran – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; • excerpts from three decisions applying the 1965 Washington (ICSID) Convention and three decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of nine court decisions of general interest; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.