The Application in the United States Courts of the Public Policy Defense Against Enforcement of Foreign Arbitral Awards
Title | The Application in the United States Courts of the Public Policy Defense Against Enforcement of Foreign Arbitral Awards PDF eBook |
Author | Håkan Berglin |
Publisher | |
Pages | 100 |
Release | 1984 |
Genre | Conflict of laws |
ISBN |
Recognition and Enforcement of Foreign Arbitral Awards
Title | Recognition and Enforcement of Foreign Arbitral Awards PDF eBook |
Author | Franco Ferrari |
Publisher | Edward Elgar Publishing |
Pages | 179 |
Release | 2023-01-17 |
Genre | Law |
ISBN | 1035302071 |
This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.
Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Title | Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards PDF eBook |
Author | UNCITRAL Secretariat |
Publisher | BRILL |
Pages | 399 |
Release | 2017-07-10 |
Genre | Law |
ISBN | 9004351949 |
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 extensive 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 Public Policy Exception Under the New York Convention
Title | The Public Policy Exception Under the New York Convention PDF eBook |
Author | Anton Georg Maurer |
Publisher | |
Pages | 0 |
Release | 2022 |
Genre | Arbitration agreements, Commercial |
ISBN | 9781944825621 |
"The Public Policy Exception under the New York Convention: History, Interpretation, and Application, Second Edition describes in detail the drafting history of the public policy exception of Article V (2) (b) of the New York Convention and the purpose the signatory states wanted to achieve with this clause. The book explains how this clause is applied by the courts in many economically relevant states, especially in Brazil, Russia, India, and China. Since the release of the first edition in 2013, some countries have enacted new or amended existing arbitration laws, and many new decisions have been released especially by courts in Brazil, China, India, and Russia, which prompted the publication of this second edition. The book is important for internationally active companies as well as for lawyers and courts, as it aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Judgments often will not be enforced abroad, and this is especially true with respect to the enforcement of foreign judgments in the BRIC countries. For this reason, while useful to scholars and students, the Public Policy Exception, Second edition is of particular use to internationally active companies and their advisors as the book provides guidance on whether and where foreign arbitral awards will be more likely to be enforced in their favor abroad."-- from publisher's website.
Message from the President of the United States Transmitting the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Adopted at New York on June 10, 1958
Title | Message from the President of the United States Transmitting the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Adopted at New York on June 10, 1958 PDF eBook |
Author | |
Publisher | |
Pages | 48 |
Release | 1968 |
Genre | Arbitration agreements, Commercial |
ISBN |
Reconsidering Public Policy Defense in International Arbitral Awards
Title | Reconsidering Public Policy Defense in International Arbitral Awards PDF eBook |
Author | Oybek Nurmukhamedov |
Publisher | LAP Lambert Academic Publishing |
Pages | 56 |
Release | 2014-05-20 |
Genre | |
ISBN | 9783659546976 |
A judicial interference in the enforcement of arbitral awards is required in a case of non-compliance with the award by any relevant party. From the both practical and theoretical viewpoint courts of all jurisdictions may refuse to enforce arbitral awards if such enforcement would be contrary to the public policy of their countries. This is known as 'the public policy defense to the enforcement of arbitral awards'. The legal rationale for the public policy defense is established in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and the UNCITRAL Model Law on International Commercial Arbitration 1985, which are two of the most important international legal documents in promoting and regulating international commercial arbitration. The public policy defense is one of the most controversial exceptions to the enforcement of arbitral awards, causing judicial inconsistency, therefore unpredictability in its implementation. The present research paper explores the main controversies and complexities in the judicial implementation of the public policy defense from comparative perspective of both developed and developing countries.
UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
Title | UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) PDF eBook |
Author | United Nations Publications |
Publisher | |
Pages | 354 |
Release | 2016 |
Genre | Business & Economics |
ISBN |
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.