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Uncitral Secretariat Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards New York 1958


Uncitral Secretariat Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards New York 1958
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Uncitral Secretariat Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards New York 1958


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 In Russia And Former Ussr States


Recognition And Enforcement Of Foreign Arbitral Awards In Russia And Former Ussr States
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Author : Roman Zykov
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-04-22

Recognition And Enforcement Of Foreign Arbitral Awards In Russia And Former Ussr States written by Roman Zykov 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 2021-04-22 with Law categories.


The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.



Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards


Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards
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Author : UNCITRAL Secretariat
language : en
Publisher: BRILL
Release Date : 2017-07-10

Guide On The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards written by UNCITRAL Secretariat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-10 with Law categories.


The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention, including judges, arbitrators, practitioners, academics and Government officials. The Guide gives clear expression to the principal finding of extensive research, namely, that the Contracting States have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.



Recognition And Enforcement Of Foreign Arbitral Awards


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.



Recognition And Enforcement Of Foreign Arbitral 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 : 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.



The Singapore Convention On Mediation


The Singapore Convention On Mediation
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Author : Nadja Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-11

The Singapore Convention On Mediation written by Nadja Alexander 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 2022-08-11 with Law categories.


The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.



The Elgar Companion To Uncitral


The Elgar Companion To Uncitral
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Author : Rishi Gulati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03

The Elgar Companion To Uncitral written by Rishi Gulati 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 2023-11-03 with Law categories.


As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.



The Uncitral Model Law And Asian Arbitration Laws


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.



Cambridge Compendium Of International Commercial And Investment Arbitration


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.



Dispute Resolution In China


Dispute Resolution In China
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Author : Weixia Gu
language : en
Publisher: Routledge
Release Date : 2021-02-22

Dispute Resolution In China written by Weixia Gu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.


China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.