Recognition and Enforcement of Foreign Arbitral Awards : A Global Commentary on the New York Convention

Herbert Kronke

ISBN 10: 9041123563 / ISBN 13: 9789041123565

Published by Kluwer Law International, BV Mai 2010, 2010

About this Item

Neuware - In 2008, the international arbitration community celebrated the fiftieth anniversary of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Commonly known as the New York Convention, this multilateral treaty has been instrumental in making arbitration such an effective means of resolving international commercial disputes. Its widespread ratification remains unmatched, other than by the United Nations Charter itself.

Seller Inventory # 9789041123565

Bibliographic Details

• Title: Recognition and Enforcement of Foreign Arbitral Awards : A Global Commentary on the New York Convention
• Publisher: Kluwer Law International, BV Mai 2010
• Publication Date: 2010
• Language: English
• ISBN 10: 9041123563
• ISBN 13: 9789041123565
• Binding: Buch
• Condition: Neu
• Dimensions: 245W x 169H x 45D millimeters 245 millimeters width by 169 millimeters height by 45 millimeters depth
• Weight: 1105 grams

About this title

Synopsis

The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is without a doubt the single most important treaty in the field of international commercial arbitration, and has enjoyed remarkable success over its half-century of use. It has been praised as a convention which perhaps could lay claim to be the most effective instance of international legislation in the entire history of commercial law. In honour of the Convention s fiftieth anniversary, outstanding scholars of international commercial arbitration have contributed to this comprehensive commentary. Following a design calling for article-by-article analysis (or even, in the case of the crucial Article 5, by sub-article), this unique book provides an in-depth analysis of the Convention s first fifty years in light of internationally accessible case law from a wide range of jurisdictions around the world. In so doing it greatly clarifies and enhances our knowledge of both the theoretical underpinnings and the practical application of the Convention in its global context. The authors, each of whom is an experienced practitioner in the field of international arbitration, draw on experience in a wide variety of national jurisdictions. In addition to drafting chapters independently, each has made invaluable contributions to other authors chapters. Authoritative case law research was further provided by dozens of contributors with expertise in specific jurisdictions worldwide. 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 rights 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.