The Implementation And Application Of The New York Arbitration Convention In Canada
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The Implementation And Application Of The New York Arbitration Convention In Canada
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Author : Frédéric Bachand
language : fr
Publisher:
Release Date : 2017
The Implementation And Application Of The New York Arbitration Convention In Canada written by Frédéric Bachand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
French Abstract: À la veille de probables modifications des lois canadiennes sur l'arbitrage, il semble utile, tant pour les comparatistes que pour les juristes canadiens, de faire le point sur la manière dont les assemblées législatives et les tribunaux canadiens ont mis en œuvre la Convention de New York. Étant donné que les obligations découlant de la convention - qui ont trait à la reconnaissance des conventions d'arbitrage, le renvoi des différends à l'arbitrage ainsi qu'à la reconnaissance et l'exécution des sentences étrangères - sont relativement bien définies dans l'abstrait, le présent article met l'accent sur les principaux moyens par lesquels les tribunaux ont assuré le succès de la convention en pratique. Alors que les ressorts canadiens s'apprêtent à procéder à des modifications, il est à souhaiter que la tendance favorable à l'arbitrage et l'approche cosmopolite que les tribunaux ont privilégiées en appliquant la Convention de New York se perpétueront.
An Appraisal Of The Implementation Of The New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards In Canada
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Author : Paschal Obiora
language : en
Publisher:
Release Date : 2023
An Appraisal Of The Implementation Of The New York Convention On The Recognition And Enforcement Of Foreign Arbitral Awards In Canada written by Paschal Obiora and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Parties engaged in international commercial transactions often face complex disputes due to differing nationalities, laws, and legal systems. To resolve issues arising from the complexities of international commercial transactions, arbitration is commonly chosen to provide a suitable platform for all parties involved. However, a significant challenge arises when enforcing foreign arbitral awards in the home country of the losing party or in jurisdictions where it may have assets. To address this issue, UNCITRAL introduced the New York Convention, which Canada adopted in 1986 to modernize nationwide arbitration practices. The Convention emphasizes that courts should uphold arbitration agreements and recognize and enforce foreign arbitral awards with limited exceptions. Although some countries fail to comply with the Convention fully, the author argues that Canada has successfully implemented its provisions, with legislative support and Canadian courts ensuring adherence to arbitration agreements and recognizing foreign arbitral awards, except in public policy and arbitrability cases.
Enforcing Arbitration Awards Under The New York Convention
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Author : United Nations
language : en
Publisher:
Release Date : 1999
Enforcing Arbitration Awards Under The New York Convention written by United Nations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
" ... papers presented at "New York Convention Day." That colloquium was held in the Trusteeship Council Chamber of the United Nations Headquarters, New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958."--t. p.
Uncitral Secretariat Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards New York 1958
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Author : United Nations Publications
language : en
Publisher:
Release Date : 2016
Uncitral Secretariat Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards New York 1958 written by United Nations Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Business & Economics categories.
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
Recognition And Enforcement Of Foreign Arbitral Awards
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Author : Herbert Kronke
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
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 2010-01-01 with Law categories.
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.
Improving The Efficiency Of Arbitration Agreements And Awards 40 Years Of Application Of The New York Convention
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Author : A. J. van den Berg
language : en
Publisher: Springer
Release Date : 1999-10-14
Improving The Efficiency Of Arbitration Agreements And Awards 40 Years Of Application Of The New York Convention written by A. J. van den Berg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-14 with Law categories.
Preface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving Problems of Enforcement --Plenary Session --Annex Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (not available on KluwerArbitration.com) --List of Oral Interventions --Tables.
The Uncitral Model Law And Asian Arbitration Laws
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Author : Gary F. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
The Uncitral Model Law And Asian Arbitration Laws written by Gary F. Bell 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 2018-10-04 with Language Arts & Disciplines categories.
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
International Commercial Arbitration And The Brussels I Regulation
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Author : Louise Hauberg Wilhelmsen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
International Commercial Arbitration And The Brussels I Regulation written by Louise Hauberg Wilhelmsen 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 2018-04-27 with Law categories.
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
The Guide To Energy Arbitrations
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Author : John William Rowley
language : en
Publisher:
Release Date : 2022
The Guide To Energy Arbitrations written by John William Rowley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Energy development categories.
The Guide To Challenging And Enforcing Arbitration Awards
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Author : John William Rowley
language : en
Publisher:
Release Date : 2021
The Guide To Challenging And Enforcing Arbitration Awards written by John William Rowley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Arbitration agreements, Commercial categories.
