Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards : New York, 1958 / UNCITRAL Secretariat ; Emmanuel Gaillard and George A. Bermann, editors.
2017
K2400.A41958 U55 2017 (Map It)
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Details
Title
Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards : New York, 1958 / UNCITRAL Secretariat ; Emmanuel Gaillard and George A. Bermann, editors.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Copyright
©2017
Call Number
K2400.A41958 U55 2017
Variant Title
May be cited as the: UNICITRAL Secretariat Guide on the New York Convention
ISBN
9789004351936 (hardback ; acid-free paper)
9004351930 (hardback ; acid-free paper)
9789004351943 (e-book)
9004351930 (hardback ; acid-free paper)
9789004351943 (e-book)
Description
xviii, 380 pages : color portraits ; 24 cm
System Control No.
(OCoLC)1002849189
Summary
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, including judges, arbitrators, practitioners, academics and Government officials. The Guide gives clear expression to the principal finding of our research, namely, that the contracting states have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.
Note
Text of the Convention: Annex I, pages 359-365.
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, including judges, arbitrators, practitioners, academics and Government officials. The Guide gives clear expression to the principal finding of our research, namely, that the contracting states have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.
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, including judges, arbitrators, practitioners, academics and Government officials. The Guide gives clear expression to the principal finding of our research, namely, that the contracting states have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.
Bibliography, etc. Note
Includes bibliographical references.
Includes
Container of (work): Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 June 10)
Record Appears in
Added Corporate Author
Table of Contents
UNCITRAL Secretary Foreword
xiii
Experts' Foreword
xv
NewYorkConvention1958.org website
xvii
Preface
1
Introduction
5
Article I
9
Article I (1)
13
A.
Meaning of "recognition and enforcement"
13
B.
Meaning of "arbitral awards"
16
C.
Arbitral awards falling within the scope of the Convention
23
D.
Meaning of "arising out of differences"
33
Article I (2)
33
Article I (3)
34
A.
Reciprocity reservation
35
B.
Commercial reservation
39
Article II
43
Article II (1)
49
A.
obligation to recognize an agreement in writing
49
B.
Meaning of "agreement"
49
C.
Scope of the "agreement in writing"
55
Article II (2)
58
A.
"Arbitral clause in a contract" versus "arbitration agreement"
59
B.
signature requirement
60
C.
arbitral clause or an arbitration agreement included in an exchange of documents
62
Article II (3)
65
A.
General principles
65
B.
Enforcement of arbitration agreements under article II (3)
69
Article III
83
A.
General principle
86
B.
Rules of procedure of the territory where the award is relied upon
91
C.
There should not be imposed substantially more onerous conditions or higher fees or charges than are imposed on the recognition or enforcement of domestic arbitral awards
98
Article IV
103
A.
Prima facie right to recognition and enforcement
107
B.
exhaustive set of requirements
107
C.
Whether applicants can supply some, but not all, article IV documents
109
D.
"[A]t the time of the application"
111
Article IV (1)(a)
113
A.
requirement that the applicant provide the "award"
113
B.
Authentication and certification
117
Article IV (1)(b)
122
A.
requirement that the applicant provide the arbitration agreement "referred to in article II"
122
B.
No requirement to prove the validity of the arbitration agreement
124
C.
No requirement to authenticate the arbitration agreement
125
Article IV (2)
125
A.
Governing law
126
B.
Certification "by an official or sworn translator or by a diplomatic or consular agent"
126
C.
object of translation
127
Article V
129
A.
Court discretion under article V
133
B.
Exhaustive character of grounds under article V
134
C.
Burden of proof under article V
137
Article V (1)(a)
139
Incapacity of the parties
142
A.
Meaning of "the parties to the agreement referred to in article II"
142
B.
Concept of incapacity
143
C.
Meaning of the "law applicable to them"
146
D.
Relevant time for incapacity
148
Invalidity of the arbitration agreement
149
A.
choice of law rule under article V (1)(a)
149
B.
Meaning of "invalidity"
152
C.
Formal validity of an arbitration agreement
153
Procedural issues arising in connection with article V (1)(a)
155
A.
Burden of proof
155
B.
Relevance of the findings of arbitral tribunals or courts
156
C.
Preclusion
158
Article V (1)(b)
161
A.
requirement that the parties be given "proper notice"
165
B.
Evidence that a party was "unable to present his case"
171
C.
Procedural hurdles to showing a breach of article V (1)(b)
177
Article V (1)(c)
181
A.
General principles
184
B.
Partial recognition of an award
191
C.
Relationship with other articles in the Convention
193
D.
Procedural aspects
194
Article V (1)(d)
199
General principles
204
A.
Prevalence of party autonomy
204
B.
Subsidiary role of the law of the country where the arbitration took place
205
Application
207
A.
requirement that the composition of the arbitral tribunal accord with the governing rules
207
B.
requirement that the arbitral procedure accord with the governing rules
211
C.
Procedural issues in raising a challenge based on article V (1)(d)
216
Article V (1)(e)
219
A.
"binding" nature of an award
223
B.
What is a "competent authority" of the country "in which, or under the law of which", the award was made?
232
C.
Award set aside or suspended
235
Article V (2)(a)
239
A.
Concept
242
B.
Application
245
Article V (2)(b)
251
A.
Concept
254
B.
Application
262
C.
Procedural issues in raising the defence of article V (2)(b)
272
Article VI
279
A.
General principles
282
B.
decision to grant or deny adjournment
287
C.
decision to order suitable security
296
Article VII
305
Article VII (1)
306
A.
General principles
308
B.
Interaction of the Convention with other treaties
310
C.
Interaction of the Convention with domestic law
315
Article VII (2)
325
Article VIII
329
Article VIII (1)
330
Article VIII (2)
331
A.
Procedure for becoming a party
331
B.
Depositary
331
Article IX
333
Article X
335
Article XI
337
Article XII
341
Article XIII
347
Article XIV
349
Article XV
353
Article XVI
355
Annex I Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
359
Annex II External Resources (Interactive Guide, Bibliography, Case Law, Jurisdiction Briefs, Travaux Preparatoires, General Index)
367
Editorial Board
369
UNCITRAL Secretariat
375
Research Assistants
377
Acknowledgement of Contributions
379