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Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention's Uniform Regime

Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention's Uniform Regime

Author: Franco Ferrari; Friedrich Rosenfeld; Charles Kotuby
Publisher: Edward Elgar Publishing
ISBN: 9781035322145

Published In: July 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781035302062

List Price: HKD 350.35

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Description
Contents

Details

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.

Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention’s foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified.

Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.

1. The New York Convention as an instrument of uniform law

2. Scope of application

3. The recognition and enforcement of arbitration agreements

4. The duty to recognize and enforce arbitral awards and its limitations

5. Grounds for refusal related to jurisdiction

6. Grounds for refusal related to proper notice and the ability to present one’s case

7. Grounds for refusal related to procedure

8. Grounds for refusal related to the award’s status under the law applicable to it

9. Grounds for refusal related to public policy

10. The procedure and formal requirements for recognition and enforcement

Index