Transnational Due Process And Article V 1 B Of The New York Convention
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New York Convention
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Author : Prof Maxi Scherer
language : en
Publisher:
Release Date : 2017
New York Convention written by Prof Maxi Scherer 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.
This paper is an excerpt from an article-by-article commentary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1058 (the "New York Convention"). The New York Convention is one of the most important conventions in the field of international arbitration. The paper deals with the most-often invoked ground of refusal to recognize or enforce an award under the New York Convention: the requirement to respect a fair arbitral process (or right to be hear, or due process) set forth in Article V(1)(b). The paper discusses the applicable due process standard under the New York Convention. In particular, the paper discusses the requirement to provide proper notice of the appointment of the arbitrator(s) and of the arbitral proceedings. It also set outs in detail situations in which courts around the world have found that a party was unable to present its case, including situations of violation of equal treatment of the parties and the refusal for a party to (i) submit evidence; (ii) make submissions; (iii) comment on the other side's submissions; or (iv) comment on legal arguments introduced by the tribunal. The papers also discusses the difficult questions that arise in the context of default proceedings, so-called surprise awards, or unreasoned or insufficiently reasoned awards.
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.
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.
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.
50 Years Of The New York Convention
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Author : A. J. van den Berg
language : en
Publisher: Aspen Pub
Release Date : 2009
50 Years Of The New York Convention written by A. J. van den Berg and has been published by Aspen Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Volume 14 of ICCA Congress Series, The New York Convention at 50, comprises the proceedings of the ICCA Conference held in Dublin in 2008 on the fiftieth anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. One of the highlights of the Conference was a Plenary Session in which the world's leading arbitration experts debated the need to revise the New York Convention. This discussion, along with the text of a preliminary draft of the revised Convention presented during the Conference, is reported in this volume. Further Reports and Commentary explore the two main themes of the Conference: Investment Treaty Arbitration/Treaty Arbitration, with contributions on: The Impact of Investment Treaty Arbitration: Identifying the Expectations, Testing the Assumptions; Investment Treaty Arbitration and Commercial Arbitration: Are They Different Ball Games? Remedies in Investment Treaty Arbitration: The Bottom Line; and The Enforcement of Investment Treaty Awards, and Rules-Based Solutions to Procedural Issues, with contributions on: Multi-party Disputes; Consolidation of Claims; Summary Disposition; and Provisional Measures. The volume also includes transcripts of the Round Table Session assessing the revisions to the UNCITRAL Rules on International Commercial Arbitration and of an Open Discussion on Recent Developments in International Arbitration.
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
Enforcement Of Arbitration Agreements And International Arbitral Awards
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Author : Emmanuel Gaillard
language : en
Publisher: Cameron May, Limited
Release Date : 2008
Enforcement Of Arbitration Agreements And International Arbitral Awards written by Emmanuel Gaillard and has been published by Cameron May, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration agreements, Commercial categories.
Enforcement of Arbitration Agreements and International Arbitral Awards provides the most exhaustive commentary on the fundamental aspects of the New York Convention. The significant legal developments and associated practice over the last 50 years have been put been put under the microscope by distinguished academics and practitioners in the area. Each of the 31 chapters provides focused analysis of individual issues with the emphasis on the relevant case law from various Contracting States without ever straying from a global outlook.
Uncitral Model Law On International Commercial Arbitration
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2020-02-29
Uncitral Model Law On International Commercial Arbitration written by Ilias Bantekas 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 2020-02-29 with Law categories.
This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
Due Process In International Commercial Arbitration
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Author : Matti Kurkela
language : en
Publisher: Oxford University Press, USA
Release Date : 2010
Due Process In International Commercial Arbitration written by Matti Kurkela and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Language Arts & Disciplines categories.
Previous edition, 1st, published in 2005.
Due Process In International Commercial Arbitration
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Author : Matti S. Kurkela
language : en
Publisher: Oxford University Press
Release Date : 2010-04-14
Due Process In International Commercial Arbitration written by Matti S. Kurkela and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-14 with Law categories.
This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.