Recognition and enforcement of foreign arbitral awards : t he interpretation and application of the New York Convention by National Courts / Geore A. Bermann, editor.
Bermann, George A., editor.
2017
K2400.A41958
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Title Recognition and enforcement of foreign arbitral awards : t he interpretation and application of the New York Convention by National Courts / Geore A. Bermann, editor.
ISBN 9783319509150 (electronic book)
3319509152 (electronic book)
9783319509136
DOI https://doi.org/10.1007/978-3-319-50915-0
Published Cham, Switzerland : Springer, [2017]
Language English
Description 1 online resource.
Other Standard Identifiers 10.1007/978-3-319-50915-0 doi
Call Number K2400.A41958
Dewey Decimal Classification 340.2
Summary This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground." .-- Provided by publisher.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Digital File Characteristics text file PDF
Source of Description Online resource; title from PDF title page (viewed August 14, 2017).
Vendor-supplied metadata.
Added Author Bermann, George A., editor.
Series Ius comparatum ; v. 23.
Available in Other Form Print version: 9783319509136
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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)

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