The Contemporary Regime Of Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice
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Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice
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Author : Ihab Abdel Salam Amro
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-03-26
Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice written by Ihab Abdel Salam Amro and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Law categories.
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.
Recognition And Enforcement Of Foreign Arbitral Awards
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Author : George A. Bermann
language : en
Publisher: Springer
Release Date : 2017-07-17
Recognition And Enforcement Of Foreign Arbitral Awards written by George A. Bermann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-17 with Law categories.
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 Contemporary Regime Of Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice
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Author : Ihab Amro
language : en
Publisher:
Release Date : 2011
The Contemporary Regime Of Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice written by Ihab Amro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The Contemporary Regime Of Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice
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Author : Īhāb ʿAmro (jurist.)
language : en
Publisher:
Release Date : 2011
The Contemporary Regime Of Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice written by Īhāb ʿAmro (jurist.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Encyclopedia Of Global Studies
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Author : Helmut K. Anheier
language : en
Publisher: SAGE Publications
Release Date : 2012-03-09
Encyclopedia Of Global Studies written by Helmut K. Anheier and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-09 with Political Science categories.
"With all entries followed by cross-references and further reading lists, this current resource is ideal for high school and college students looking for connecting ideas and additional sources on them. The work brings together the many facets of global studies into a solid reference tool and will help those developing and articulating an ideological perspective." — Library Journal The Encyclopedia of Global Studies is the reference work for the emerging field of global studies. It covers both transnational topics and intellectual approaches to the study of global themes, including the globalization of economies and technologies; the diaspora of cultures and dispersion of peoples; the transnational aspects of social and political change; the global impact of environmental, technological, and health changes; and the organizations and issues related to global civil society. Key Themes: • Global civil society • Global communications, transportation, technology • Global conflict and security • Global culture, media • Global demographic change • Global economic issues • Global environmental and energy issues • Global governance and world order • Global health and nutrition • Global historical antecedents • Global justice and legal issues • Global religions, beliefs, ideologies • Global studies • Identities in global society Readership: Students and academics in the fields of politics and international relations, international business, geography and environmental studies, sociology and cultural studies, and health.
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses
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Author : Barbara Alicja Warwas
language : en
Publisher: Springer
Release Date : 2016-09-24
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses written by Barbara Alicja Warwas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-24 with Law categories.
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
Theory Law And Practice Of Maritime Arbitration
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Author : Eva Litina
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
Theory Law And Practice Of Maritime Arbitration written by Eva Litina 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 2020-12-10 with Law categories.
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Islamic Law And International Commercial Arbitration
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Author : Maria Bhatti
language : en
Publisher: Routledge
Release Date : 2018-09-27
Islamic Law And International Commercial Arbitration written by Maria Bhatti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-27 with Business & Economics categories.
This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
60 Years Of The New York Convention
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Author : Katia Fach Gomez
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-03-22
60 Years Of The New York Convention written by Katia Fach Gomez 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 2019-03-22 with Law categories.
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
2009
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Author : Andrea Bonomi
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
2009 written by Andrea Bonomi and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.