The 1958 New York Convention In Action

Author: Marike Paulsson
ISBN: 9789041152268
Size: 31.89 MB
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In short, this book brings the text of the Convention to the days of modern trade by revisiting the drafting history of the articles and thereby brings the drafters' intent back to the surface.

Recognition And Enforcement Of Foreign Arbitral Awards

Author: Herbert Kronke
Publisher: Kluwer Law International
ISBN: 9041123563
Size: 53.47 MB
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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 ...

General Principles Of Law And International Due Process

Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Size: 39.74 MB
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... impartial tribunal established by law”). 408 See, e.g., ICCA'S GUIDE TO THE
FOR JUDGES (2011),
judges_guide_english_composite_final_jan2014.pdf; see generally MARIKE
United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards art.

New York Convention

Author: Reinmar Wolff
Publisher: Hart Pub Limited
ISBN: 9781849461962
Size: 59.17 MB
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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 ...

Schiedsgerichtsbarkeit Und Andere Formen Alternativer Streitbeilegung

Author: Alexander Trunk
Publisher: BWV Verlag
ISBN: 3830511280
Size: 17.42 MB
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Supreme Court held that this is not to say that „the award has not yet become
binding on the parties, or has been [----] suspended by a competent authority“ (
Section V e) of the 1958 New York Convention). In other words the reference to a
setting aside action at the place of arbitration does not per se operate as a bar
against enforcement. c) Suspension of enforcement at the place of arbitration The
defendant further invoked the circumstance that it had filed an opposition against

Yearbook Commercial Arbitration 2004

Author: Albert J. Van den Berg
Publisher: Kluwer Law International
ISBN: 9041123490
Size: 26.74 MB
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The district court, per Marvin Katz, SJ, dismissed the garnishment action for lack
of subject matter jurisdiction. The district court first held that it had no original
jurisdiction under the 1958 New York Convention, as the present action was an
action to enforce a judgment rather than an action to compel arbitration or an
action to confirm an arbitral award, the only two cases in which federal courts
have original jurisdiction pursuant to the Federal Arbitration Act (FAA), which
implements the ...

Yearbook Commercial Arbitration Volume Xxxiii A 2008

Author: Van Den Berg
Publisher: Kluwer Law International
ISBN: 9041128077
Size: 65.71 MB
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The FAA provides for the recognition and enforcement of foreign arbitral awards
by incorporating the [1958 New York Convention], 21 U.S.T. 2517. See 9 U.S.C.
Sect. 201. Under the FAA, federal district courts have original jurisdiction over
actions 'falling under' the New York Convention.1 9 U.S.C. Sect. 203. Chapter 2
provides for two types of claims in federal district courts: (1) an action to compel
arbitration pursuant to an arbitration agreement reached pursuant to the New
York ...

A Comparative Study Of State Immunity From Jurisdiction Recognition And Enforcement Action

Author: E. Mat Asu
ISBN: 131204862X
Size: 48.62 MB
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Dr. Tibor Varady, Regulatory Framework of International Commercial Arbitration (
1997) EMP Conference Prague. The major related conventions in this trend of
globalisation are the three initiatives undertaken under the auspices of the United
Nations. They involve: the 1958 New York convention on recognition and
enforcement of foreign arbitral awards; the 1976 UNCITRAL arbitration rules; and
the 1985 UNCITRAL model law on international commercial arbitration. The
success of ...

International Commercial Arbitration International And Usa Spectscommentary And Materials

Author: Gary Born
Publisher: Kluwer Law International
ISBN: 9041115595
Size: 20.46 MB
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What options are open to the claimant to obtain redress if the arbitral forum will
not consider an action to annul? 6. "A-national" arbitrations. As described above,
some commentators have vigorously urged that an arbitration award may be "
detached" from the law of any particular nation. See generally supra p. 433; A.
van den Berg, The New York Convention of 1958 28-5 1 ( 1 98 1 ) (describing
debate). Some proponents of "a-national" awards contemplate the enforcement
of awards ...

Research Handbook On Eu Private International Law

Author: Peter Stone
Publisher: Edward Elgar Publishing
ISBN: 1781954550
Size: 28.63 MB
Format: PDF, Mobi
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The Commission maintains that the combination of Articles I, V and VII of the New
York Convention will be able to ensure the recognition and enforcement of
arbitral awards among all signatory countries. In its proposal the Commission
acknowledges that 'In any event, most stakeholders expressed general
satisfaction with the operation of the 1958 New York Convention which should
not be undermined by any Union action on the matter.'91 A question which
remains worthy of ...