UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) PDF

Author: United Nations Commission on International Trade Law

Publisher: United Nations

Published: 2017-02-15

Total Pages: 352

ISBN-13: 9210583183

DOWNLOAD EBOOK →

The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

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

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

Author: UNCITRAL Secretariat

Publisher: BRILL

Published: 2017-07-17

Total Pages: 399

ISBN-13: 9004351949

DOWNLOAD EBOOK →

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.

Recognition and Enforcement of Foreign Arbitral Awards

Recognition and Enforcement of Foreign Arbitral Awards PDF

Author: Herbert Kronke

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 674

ISBN-13: 9041123563

DOWNLOAD EBOOK →

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.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States PDF

Author: Roman Zykov

Publisher: Kluwer Law International B.V.

Published: 2021-04-22

Total Pages: 572

ISBN-13: 9403532912

DOWNLOAD EBOOK →

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

The 1958 New York Convention in Action

The 1958 New York Convention in Action PDF

Author: Marike Paulsson

Publisher: Kluwer Law International B.V.

Published: 2016-02-24

Total Pages: 298

ISBN-13: 9041152415

DOWNLOAD EBOOK →

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.

Uncitral Legislative Guide on Public-Private Partnerships

Uncitral Legislative Guide on Public-Private Partnerships PDF

Author: United Nations

Publisher:

Published: 2020-12-28

Total Pages: 300

ISBN-13: 9789211303995

DOWNLOAD EBOOK →

The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.

Enforcing Arbitration Awards Under the New York Convention

Enforcing Arbitration Awards Under the New York Convention PDF

Author: United Nations

Publisher:

Published: 1999

Total Pages: 64

ISBN-13:

DOWNLOAD EBOOK →

" ... papers presented at "New York Convention Day." That colloquium was held in the Trusteeship Council Chamber of the United Nations Headquarters, New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958."--t. p.

Lanterna Rally - Theme by Grace Themes