The New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 - Commentary

ISBN-13: 9781849461962 / Angielski / Twarda / 2012 / 613 str.

Reinmar Wolff

Opis

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.

Spis treści

Preface List of Abbreviations and Acronyms Table of Cases and Awards General Bibliography Preliminary Remarks (Liebscher) Article I [Scope of Application] (Ehle) Article II [Recognition of Arbitration Agreements] (Wilske) Article II(1), (2) (Wolff) Article II(3) (Wilske/Fox) Article III [Recognition and Enforcement of Arbitral Awards; General Rule] (Scherer) Article IV [Formal Requirements for Recognition and Enforcement of Arbitral Awards] (Scherer) Article V [Grounds for Refusal of Recognition and Enforcement of Arbitral Awards] (Borris/Hennecke) Article V General (Borris/Hennecke) Article V (1)(a) (Wilske/Fox) Article V (1)(b) (Scherer) Article V (1)(c) (Borris/Hennecke) Article V (1)(d) (Borris/Hennecke) Article V (1)(e) (Liebscher) Article V (2)(a) (Quinke) Article V (2)(b) (Wolff) Article VI [Adjournment; Security] (Liebscher) Article VII [Other Enforcement Regimes] (Quinke) Article VIII [Signing and Ratifying the Convention] (Kölbl) Article IX [Accession] (Kölbl) Article X [Extension to Other Territories] (Kölbl) Article XI [Federal or Non-Unitary States] (Kölbl) Article XII [Coming into Force] (Kölbl) Article XIII [Denunciation] (Kölbl) Article XIV [Avail Against Other Contracting States] (Kölbl) Article XV [Notifications] (Kölbl) Article XVI [Official Languages; Transmission of Copies] (Kölbl) Annexes I. Text of the New York Convention in Authentic Languages II. Status of the New York Convention (Contracting States, Dates, Reservations and Declarations) III. UNCITRAL Recommendation IV. Travaux Pre'paratoires 1. New York Convention 2. UNCITRAL Recommendation V. Complementing Conventions 1. Geneva Protocol 2. Geneva Convention 3. European Convention 4. Panama Convention Index