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Contributors; Introduction; Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts; 1 Introduction; 2 Basic Implementation of the Convention; 2.1 Implementing Legislation; 2.2 Reservations and Declarations; 2.3 The Meaning of "Arbitral Award" and "Foreign Arbitral Award"; 2.3.1 What is an "arbitral award"?; 2.3.2 What is a "foreign arbitral award"?; 2.4 Provisional or Interim Measures as Awards; 2.5 The Availability of Recognition and Enforcement Alternatives; 3 Enforcement of Agreements to Arbitrate
3.1 Agreement "Null and Void, Inoperative or Incapable of Being Performed"3.1.1 What does "Null and Void, Inoperative or Incapable of Being Performed Mean"?; 3.1.2 What Law Governs the Enforceability of Agreements to Arbitrate?; 3.2 Allocation of Authority to Decide Threshold Issues; 4 Recognition and Enforcement under the Convention; 4.1 General Issues in Recognition and Enforcement; 4.1.1 Enforcement of Awards despite Presence of a Ground for Denial; 4.1.2 Waiver of Grounds; 4.1.3 Deference to Arbitrators or Other Courts on the Convention Grounds
4.2 The Grounds for Non-Recognition and Non-Enforcement4.2.1 Article V(1)(a): Validity of the Arbitration Agreement; 4.2.2 Article V(1)(b): The Right to a Fair Hearing; 4.2.3 Article V(1)(c): Award Beyond Scope of the Submission to Arbitration; 4.2.3.1 Scope of the Submission Generally; 4.2.3.2 Grant of a Remedy as Excess of Jurisdiction; 4.2.4 Article V(1)(d): Improper Composition of Tribunal or Arbitral Procedure; 4.2.4.1 Party Agreement v. Mandatory Situs Law; 4.2.4.2 Application of the Law not Chosen; 4.2.5 Article V(1)(e): Award Set Aside in Arbitral Situs
4.2.6 Article V(2)(a): Non-Arbitrability4.2.6.1 What Kind of Disputes are Non-Arbitrable?; 4.2.6.2 Choice of Law Governing Non-Arbitrability; 4.2.7 Article V(2)(b): Violation of Public Policy; 4.2.7.1 Offense to Public Policy Generally; 4.2.7.2 National versus International Public Policy; 5 Procedural Issues in Recognizing and Enforcing Foreign Awards; 5.1 Personal Jurisdiction in Actions to Recognize or Enforce Foreign Awards; 5.2 The Statute of Limitations; 5.3 Other Grounds for Declining to Entertain an Enforcement Action; 6 An Assessment
Interpretation and Application of the New York Convention in Argentina1 IMPLEMENTATION; 1.1 From of Implementation of the Convention into National Law; 1.2 Declarations and/or Reservations Attached to the Instrument of Ratification; 1.3 Definition of "Arbitral Award" and "Foreign Arbitral Award"; 1.4 Measures of Provisional Relief Ordered by Arbitral Tribunal as "Awards"; 1.5 Alternatives to Convention as Means of Obtaining Recognition or Enforcement of a Foreign Award; 2 ENFORCEMENT OF AGREEMENTS TO ARBITRATE (N.Y. Convention, Article II)
3.1 Agreement "Null and Void, Inoperative or Incapable of Being Performed"3.1.1 What does "Null and Void, Inoperative or Incapable of Being Performed Mean"?; 3.1.2 What Law Governs the Enforceability of Agreements to Arbitrate?; 3.2 Allocation of Authority to Decide Threshold Issues; 4 Recognition and Enforcement under the Convention; 4.1 General Issues in Recognition and Enforcement; 4.1.1 Enforcement of Awards despite Presence of a Ground for Denial; 4.1.2 Waiver of Grounds; 4.1.3 Deference to Arbitrators or Other Courts on the Convention Grounds
4.2 The Grounds for Non-Recognition and Non-Enforcement4.2.1 Article V(1)(a): Validity of the Arbitration Agreement; 4.2.2 Article V(1)(b): The Right to a Fair Hearing; 4.2.3 Article V(1)(c): Award Beyond Scope of the Submission to Arbitration; 4.2.3.1 Scope of the Submission Generally; 4.2.3.2 Grant of a Remedy as Excess of Jurisdiction; 4.2.4 Article V(1)(d): Improper Composition of Tribunal or Arbitral Procedure; 4.2.4.1 Party Agreement v. Mandatory Situs Law; 4.2.4.2 Application of the Law not Chosen; 4.2.5 Article V(1)(e): Award Set Aside in Arbitral Situs
4.2.6 Article V(2)(a): Non-Arbitrability4.2.6.1 What Kind of Disputes are Non-Arbitrable?; 4.2.6.2 Choice of Law Governing Non-Arbitrability; 4.2.7 Article V(2)(b): Violation of Public Policy; 4.2.7.1 Offense to Public Policy Generally; 4.2.7.2 National versus International Public Policy; 5 Procedural Issues in Recognizing and Enforcing Foreign Awards; 5.1 Personal Jurisdiction in Actions to Recognize or Enforce Foreign Awards; 5.2 The Statute of Limitations; 5.3 Other Grounds for Declining to Entertain an Enforcement Action; 6 An Assessment
Interpretation and Application of the New York Convention in Argentina1 IMPLEMENTATION; 1.1 From of Implementation of the Convention into National Law; 1.2 Declarations and/or Reservations Attached to the Instrument of Ratification; 1.3 Definition of "Arbitral Award" and "Foreign Arbitral Award"; 1.4 Measures of Provisional Relief Ordered by Arbitral Tribunal as "Awards"; 1.5 Alternatives to Convention as Means of Obtaining Recognition or Enforcement of a Foreign Award; 2 ENFORCEMENT OF AGREEMENTS TO ARBITRATE (N.Y. Convention, Article II)