Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention - Couverture rigide

Kronke, Herbert; Nacimiento, Patricia; Otto, Dirk; Port, Nicola Christine

 
9789041123565: Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention
Couverture rigide
ISBN 10 : 9041123563 ISBN 13 : 9789041123565
Editeur : Kluwer Law International, 2010

Synopsis

The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is without a doubt the single most important treaty in the field of international commercial arbitration, and has enjoyed remarkable success over its half-century of use. It has been praised as a convention which perhaps could lay claim to be the most effective instance of international legislation in the entire history of commercial law. In honour of the Convention s fiftieth anniversary, outstanding scholars of international commercial arbitration have contributed to this comprehensive commentary. Following a design calling for article-by-article analysis (or even, in the case of the crucial Article 5, by sub-article), this unique book provides an in-depth analysis of the Convention s first fifty years in light of internationally accessible case law from a wide range of jurisdictions around the world. In so doing it greatly clarifies and enhances our knowledge of both the theoretical underpinnings and the practical application of the Convention in its global context. The authors, each of whom is an experienced practitioner in the field of international arbitration, draw on experience in a wide variety of national jurisdictions. In addition to drafting chapters independently, each has made invaluable contributions to other authors chapters. Authoritative case law research was further provided by dozens of contributors with expertise in specific jurisdictions worldwide. 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 rights 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.

Les informations fournies dans la section « Synopsis » peuvent faire référence à une autre édition de ce titre.

Présentation de l'éditeur

The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is without a doubt the single most important treaty in the field of international commercial arbitration, and has enjoyed remarkable success over its half-century of use. It has been praised as a convention which perhaps could lay claim to be the most effective instance of international legislation in the entire history of commercial law. In honour of the Convention s fiftieth anniversary, outstanding scholars of international commercial arbitration have contributed to this comprehensive commentary. Following a design calling for article-by-article analysis (or even, in the case of the crucial Article 5, by sub-article), this unique book provides an in-depth analysis of the Convention s first fifty years in light of internationally accessible case law from a wide range of jurisdictions around the world. In so doing it greatly clarifies and enhances our knowledge of both the theoretical underpinnings and the practical application of the Convention in its global context. The authors, each of whom is an experienced practitioner in the field of international arbitration, draw on experience in a wide variety of national jurisdictions. In addition to drafting chapters independently, each has made invaluable contributions to other authors chapters. Authoritative case law research was further provided by dozens of contributors with expertise in specific jurisdictions worldwide. 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 rights 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.

Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.

Éditeur
Kluwer Law International
Date d'édition
2010
Langue
anglais
ISBN 10 
9041123563
ISBN 13 
9789041123565
Reliure
Relié
Nombre de pages
617
Coordonnées du fabricant
non disponible
Personne responsable
gpsr@libri.de
gpsr@libri.de

Friedensallee 273
Hamburg
22763
Allemagne

Autres éditions populaires du même titre

9789403520223: Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention

Edition présentée

ISBN 10 :  9403520221 ISBN 13 :  9789403520223
Editeur : Kluwer Law International, 2024
Couverture rigide