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Autonomous Versus Domestic Concepts under the New York Convention

Autonomous Versus Domestic Concepts under the New York Convention

Author: Franco Ferrari; Friedrich Rosenfeld
Publisher: Kluwer Law International
ISBN: 9789403531731
Published In: March 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Autonomous Versus Domestic Concepts under the New York Convention is a unique book that examines the New York Convention intending to identify the boundaries between autonomous and domestic concepts. The 1958 New York Convention is universally acclaimed as one of the essential instruments of international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. A diverse group of distinguished scholars, including some of the world’s leading voices on arbitration, have provided insightful contributions for this book which are sure to significantly add to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States.

What’s in this book:

With extensive reference to case law from major arbitration hubs, this remarkable book sets out the methodology required to interpret the Convention as an instrument of uniform law. It applies this methodology to certain key concepts which include the following:

the role of private international law under the Convention
notions of arbitrability and arbitral award
procedures for the enforcement of awards
nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a)
the incapacity defence under Article V(1)(a)
deviations from the procedure
autonomous boundaries as to what falls under the issue of scope, and
public policy under the Convention

How this will help you:

This one-of-a-kind book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

Preface

CHAPTER 1. The New York Convention as an Instrument of International Law

August Reinisch

CHAPTER 2. Uniform Interpretation: What Is Being Done?

Filip de Ly

CHAPTER 3. The Notion of ‘Arbitral Award’

Cristina M. Mariottini & Burkhard Hess

CHAPTER 4. Procedures for the Enforcement of New York Convention Awards

George A. Bermann

CHAPTER 5. Four Roads Diverged in a Wood: Exploring the Various Interpretations of Article III of the 1958 New York Convention

Lucas Siyang Lim

CHAPTER 6. The Formal Requirements for Enforcing an Arbitral Award under the 1958 New York Convention, Between Autonomous Interpretation and References to Domestic Legal Systems

Fabrizio Marongiu Buonaiuti

CHAPTER 7. Nullity, Invalidity, the Conflict of Laws and Articles II(3) and V(1)(A) of the New York Convention

Lawrence Collins

CHAPTER 8. The Incapacity Defense under Article V(1)(a) of the New York Convention

Francesca Ragno

CHAPTER 9. Matters beyond the Scope of the Submission to Arbitration

Alan Scott Rau

CHAPTER 10. The “Scope” of the Submission to Arbitration

Dennis Solomon

CHAPTER 11. The Interplay of Autonomous Concepts and Municipal Law under Article V(1)(d) of the New York Convention

Franco Ferrari & Friedrich Rosenfeld

CHAPTER 12. Autonomous Arbitrability? Whose Autonomy? Whose Arbitrability?