The 1958 New York Convention in Action

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Author: Marike Paulsson

Publisher: N.A

ISBN: 9789041152268

Category: Arbitration agreements, Commercial

Page: 298

View: 2900

The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: * the text and its issues; * original intent; * the prism of the rules of interpretation of the Vienna Convention; * judicial outcomes; and * appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.

Recognition and Enforcement of Foreign Arbitral Awards

A Global Commentary on the New York Convention

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Author: Herbert Kronke

Publisher: Kluwer Law International

ISBN: 9041123563

Category: Law

Page: 617

View: 9444

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

New York Convention

Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 Commentary

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Author: Reinmar Wolff

Publisher: Hart Pub Limited

ISBN: 9781849461962

Category: Law

Page: 612

View: 4224

In a world characterized, on the one hand, by globalized trade and commerce, and, on the other, by deteriorating judicial services, arbitration has become the dispute resolution mechanism of choice in cross-border commercial transactions. International arbitration not only paves the way for parties to avoid State courts, it also facilitates the transnational enforceability of awards that are far more effective than the enforceability of State court judgments. The major instrument is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) of June 10, 1958, which entered into force one year after. Since then, the New York Convention has been ratified by 144 States, including all the important trading nations. For good reason, the New York Convention is labeled the Magna Carta of international arbitration. The courts of any contracting State are required "to give effect to an agreement to arbitrate when seized of an action in a matter covered by an arbitration agreement and also to recognize and enforce awards made in other States, subject to specific limited exceptions" (UNCITRAL). In this book, the 16 articles of the Convention are dealt with in an article-by-article analysis, following a clear structure which swiftly guides the reader to the issue that he or she is engaged with. Given the New York Convention's global relevance, it follows that potential users of the Convention are in need of guidance as to how to apply it. The primary readers of this book will be: lawyers seeking (or defending against) recognition and enforcement of foreign arbitral awards worldwide, State court judges applying the Convention in recognition proceedings, and in-house lawyers in large and/or multinational enterprises dealing with transnational dispute resolution.

Recognition and Enforcement of Foreign Arbitral Awards

The Interpretation and Application of the New York Convention by National Courts

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Author: George A. Bermann

Publisher: Springer

ISBN: 3319509152

Category: Law

Page: 1102

View: 5655

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.”

The New York Arbitration Convention of 1958

Towards a Uniform Judicial Interpretation

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Author: A. J. van den Berg

Publisher: Kluwer Law International

ISBN: 9789065440358

Category: Law

Page: 466

View: 1542

The New York Arbitration Convention of 1958 is the cornerstone of international commercial arbitration. Although judicial interpretation of the Convention has proceeded since the publication of Albert Jan van den Berg's classic commentary, his extraordinarily thorough analysis remains the preeminent work on the application and enforcement aspects of the Convention. Setting out to repair what van den Berg calls "an undesirable degree of uncertainty" in judicial interpretation of the Convention, his analysis takes a comparative approach to relevant court decisions in the contracting states. For each of three main subject areas - the field of application, enforcement of the agreement, and enforcement of the award - he examines the various issues, explaining the relevant Convention provisions and analyzing and comparing the relevant court decisions. For issues on which a consensus is lacking, he offers an analysis leading to a single valid interpretation. Many of these interpretations have become virtually settled in current practice. In addition to case law, the author takes into account the legislative history of the 1958 Conference and the provisions of earlier arbitration conventions. This is a true classic in the sense that its immediate usefulness has never flagged over the nearly three decades of its availability. Arbitrators and judges everywhere have leaned on it, and continue to lean on it, for the depth and clarity of its understanding of the law of international commercial arbitration. While it is a standard academic work in the field, its proven great practical value to jurists and practitioners persists.

Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

New York, 1958

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Author: UNCITRAL Secretariat,Emmanuel Gaillard,George A. Bermann

Publisher: BRILL

ISBN: 9004351949

Category: Law

Page: 400

View: 2518

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.

The Principles and Practice of International Commercial Arbitration

Third Edition

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Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 8739

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

The Effect of the 1958 New York Convention on Foreign Arbitral Awards in the Arab Gulf States

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Author: Reyadh Mohamed Seyadi

Publisher: Cambridge Scholars Publishing

ISBN: 1527502694

Category: Law

Page: 255

View: 4140

In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.

Silent Spring

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Author: Rachel Carson

Publisher: Houghton Mifflin Harcourt

ISBN: 9780618249060

Category: Nature

Page: 378

View: 6074

Discusses the reckless annihilation of fish and birds by the use of pesticides and warns of the possible genetic effects on humans.

Night

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Author: Elie Wiesel

Publisher: Hill and Wang

ISBN: 1466805366

Category: Biography & Autobiography

Page: 144

View: 5653

A New Translation From The French By Marion Wiesel Night is Elie Wiesel's masterpiece, a candid, horrific, and deeply poignant autobiographical account of his survival as a teenager in the Nazi death camps. This new translation by Marion Wiesel, Elie's wife and frequent translator, presents this seminal memoir in the language and spirit truest to the author's original intent. And in a substantive new preface, Elie reflects on the enduring importance of Night and his lifelong, passionate dedication to ensuring that the world never forgets man's capacity for inhumanity to man. Night offers much more than a litany of the daily terrors, everyday perversions, and rampant sadism at Auschwitz and Buchenwald; it also eloquently addresses many of the philosophical as well as personal questions implicit in any serious consideration of what the Holocaust was, what it meant, and what its legacy is and will be.

The Idea of Arbitration

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Author: Jan Paulsson

Publisher: OUP Oxford

ISBN: 0191620939

Category: Law

Page: 336

View: 2158

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

Pacification in Algeria, 1956-1958

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Author: David Galula

Publisher: Rand Corporation

ISBN: 0833041088

Category: History

Page: 325

View: 5514

When Algerian nationalists launched a rebellion against French rule in November 1954, France was forced to cope with a varied and adaptable Algerian strategy. In this volume, originally published in 1963, David Galula reconstructs the story of his highly successful command at the height of the rebellion. This groundbreaking work, with a new foreword by Bruce Hoffman, remains relevant to present-day counterinsurgency operations.

The Lonely Crowd

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Author: David Riesman,Nathan Glazer,Reuel Denney

Publisher: Yale University Press

ISBN: 0300174144

Category: Social Science

Page: 392

View: 8450

The Lonely Crowd is considered by many to be the most influential book of the twentieth century. Its now-classic analysis of the 'new middle class' in terms of inner-directed and other-directed social character opened exciting new dimensions in our understanding of the psychological, political, and economic problems that confront the individual in contemporary American society. The 1969 abridged and revised edition of the book is now reissued with a new foreword by Todd Gitlin that explains why the book is still relevant to our own era.

The Lions of Little Rock

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Author: Kristin Levine

Publisher: Penguin

ISBN: 1101550449

Category: Juvenile Fiction

Page: 320

View: 6265

"Satisfying, gratifying, touching, weighty—this authentic piece of work has got soul."—The New York Times Book Review As twelve-year-old Marlee starts middle school in 1958 Little Rock, it feels like her whole world is falling apart. Until she meets Liz, the new girl at school. Liz is everything Marlee wishes she could be: she's brave, brash and always knows the right thing to say. But when Liz leaves school without even a good-bye, the rumor is that Liz was caught passing for white. Marlee decides that doesn't matter. She just wants her friend back. And to stay friends, Marlee and Liz are even willing to take on segregation and the dangers their friendship could bring to both their families. Winner of the New-York Historical Society Children’s History Book Prize A New York Times Book Review Editor’s Choice From the Trade Paperback edition.

A Nation of Immigrants

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Author: John F. Kennedy

Publisher: HarperCollins

ISBN: 0062892843

Category: Social Science

Page: 160

View: 5682

This significant contribution to the debate on immigration reform was President John F. Kennedy’s final book and is as timely now as it was when it was first published—now reissued for its 60th anniversary, with a new introduction and foreword. “In this book, President Kennedy tells us what immigrants have done for America, and what America has done for its immigrants. It is one of the dramatic success stories of world history.... It can stand as a testament to a cause President Kennedy cherished, and which we should carry on.” — Robert F. Kennedy Throughout his presidency, John F. Kennedy was passionate about the issue of immigration reform. He believed that America is a nation of people who value both tradition and the exploration of new frontiers, people who deserve the freedom to build better lives for themselves in their adopted homeland. This 60th anniversary edition of his posthumously published, timeless work—with a new introduction, a new foreword by Jonathan Greenblatt, the national director and CEO of the Anti-Defamation League, and updated information on immigration policy reform—offers the late president's inspiring suggestions for immigration policy and presents a chronology of the main events in the history of immigration in America. As continued debates on immigration engulf the nation, this paean to the importance of immigrants to our nation's prominence and success is as timely as ever.

Enforcement of Investment Treaty Arbitration Awards

A Global Guide

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Author: Julien Fouret,Castal Mourre

Publisher: N.A

ISBN: 9781909416543

Category: Business & Economics

Page: 380

View: 9841

This title provides both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the ICSID mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice. Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices.

Everything They Had

Sports Writing from David Halberstam

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Author: David Halberstam

Publisher: Hachette Books

ISBN: 0316312231

Category: Sports & Recreation

Page: 432

View: 9839

"Sometimes sports mirrors society, sometimes it allows us to understand the larger society a little better. But mostly, it is a world of entertainment of talented and driven young men and women who do certain things with both skill and passion." --David Halberstam David Halberstam was a distinguished journalist and historian of American politics. He was also a sports writer. Everything They Had brings together for the first time his articles from newspapers and magazines, a wide-ranging collection edited by Glenn Stout, selected over the full scope of Halberstam's five decades as one of America's most honored journalists. These are dazzling portraits of some of the most compelling sports figures of our era, the superstars of popular sports like basketball, football, and baseball, but also fishing, soccer, and rowing, and the amateur athletes who play for the love of the game. In "My Dinner with Theodore," Halberstam recounts his long anticipated--and unforgettable--meeting with Red Sox legend Ted Williams. Against the backdrop of 1960s Nashville, he beautifully recounts a lifelong love of football in "How I Fell in Love with the NFL." And "Men Without Women," set on a fishing expedition in Patagonia, is more than a hunt for giant brown trout--it is a story of fishing, friendship, and fellowship. These and many more stories exemplify the breadth and depth of David Halberstam's devotion to diverse sports and his respect and fascination for the men and women who play them so well. The result is an intimate and personal collection that reveals the issues and the ideals David Halberstam cared about--racial equality, friendship, loyalty, and character--and creates a vivid and unforgettable portrait of the author himself. Everything They Had takes its rightful place alongside Halberstam's bestselling sports titles, which include The Breaks of the Game, The Amateurs, Summer of '49, and The Education of a Coach.

The Song of Achilles

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Author: Madeline Miller

Publisher: A&C Black

ISBN: 1408816032

Category: Fiction

Page: 352

View: 896

Greece in the age of Heroes. Patroclus, an awkward young prince, has been exiled to the kingdom of Phthia. Here he is nobody, just another unwanted boy living in the shadow of King Peleus and his golden son, Achilles. Achilles, 'best of all the Greeks', is everything Patroclus is not - strong, beautiful, the child of a goddess - and by all rights their paths should never cross. Yet one day, Achilles takes the shamed prince under his wing and soon their tentative companionship gives way to a steadfast friendship. As they grow into young men skilled in the arts of war and medicine, their bond blossoms into something far deeper - despite the displeasure of Achilles's mother Thetis, a cruel and deathly pale sea goddess with a hatred of mortals. Fate is never far from the heels of Achilles. When word comes that Helen of Sparta has been kidnapped, the men of Greece are called upon to lay siege to Troy in her name. Seduced by the promise of a glorious destiny, Achilles joins their cause, Torn between love and fear for his friend, Patroclus follows Achilles into war, little knowing that the years that follow will test everything they have learned, everything they hold dear. And that, before he is ready, he will be forced to surrender his friend to the hands of Fate. Profoundly moving and breathtakingly original, this rendering of the epic Trojan War is a dazzling feat of the imagination, a devastating love story, and an almighty battle between gods and kings, peace and glory, immortal fame and the human heart.

International Trade & Business Law & Policy

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Author: Peter Gillies,Gabriel Moens

Publisher: Routledge

ISBN: 1135316775

Category: Law

Page: 878

View: 3430

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.