Enforcement of foreign arbitral awards and the public policy exception : including an analysis of South Asian state practice / Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella.
2021
K2400 .Z45 2021
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Title
Enforcement of foreign arbitral awards and the public policy exception : including an analysis of South Asian state practice / Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella.
Author
Zeller, Bruno, author.
ISBN
9789811626340 (electronic bk.)
9811626340 (electronic bk.)
9811626332 (hardcover)
9789811626333 (hardcover)
9811626340 (electronic bk.)
9811626332 (hardcover)
9789811626333 (hardcover)
Published
Singapore : Springer, [2021]
Copyright
©2021
Language
English
Description
1 online resource
Other Standard Identifiers
10.1007/978-981-16-2634-0 doi
Call Number
K2400 .Z45 2021
Dewey Decimal Classification
341.5/22
Summary
"The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration - the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration - enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond."--Publisher's website.
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Includes bibliographical references.
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Online resource; title from PDF title page (SpringerLink, viewed August 4, 2021).
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Enforcement of foreign arbitral awards and the public policy exception.
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Table of Contents
Enforcement of foreign arbitral awards : an introduction
UNCITRAL model law
The exceptions to the enforcement of foreign arbitral awards within the New York Convention : jurisprudence from state practice
The public policy exception to enforcement : the origins in private law
The law on public policy exception in international arbitration : state practice in South Asia
Conclusions and observations.
UNCITRAL model law
The exceptions to the enforcement of foreign arbitral awards within the New York Convention : jurisprudence from state practice
The public policy exception to enforcement : the origins in private law
The law on public policy exception in international arbitration : state practice in South Asia
Conclusions and observations.