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Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts

Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts

Author: George A. Bermann
Publisher: Springer-Verlag
ISBN: 9783319509136
Published In: July 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 5,319.00

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This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in a number of jurisdictions, including virtually all that are leading international arbitration centers.

It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues.

Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement.

Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement.

It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level.

Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground."

Introduction

1. Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts

2. Interpretation and application of the New York Convention in Argentina

3. Interpretation and application of the New York Convention in Australia

4. Interpretation and application of the New York Convention in Austria

5. Interpretation and application of the New York Convention in Brazil

6. Interpretation and application of the New York Convention in Canada

7. Interpretation and application of the New York Convention in China

8. Interpretation and application of the New York Convention in Colombia

9. Interpretation and application of the New York Convention in Croatia

10. Interpretation and application of the New York Convention in Czech Republic

11. Interpretation and application of the New York Convention in France

12. Interpretation and application of the New York Convention in Georgia

13. Interpretation and application of the New York Convention in Germany

14. Interpretation and application of the New York Convention in Greece

15. Interpretation and application of the New York Convention in Hong Kong

16. Interpretation and application of the New York Convention in Hungary

17. Interpretation and application of the New York Convention in India

18. Interpretation and application of the New York Convention in Indonesia

19. Interpretation and application of the New York Convention in Ireland

20. Interpretation and application of the New York Convention in Israel

21. Interpretation and application of the New York Convention in Italy

22. Interpretation and application of the New York Convention in Japan

23. Interpretation and application of the New York Convention in Korea

24. Interpretation and application of the New York Convention in Macau

25. Interpretation and application of the New York Convention in Malaysia

26. Interpretation and application of the New York Convention in Mexico

27. Interpretation and application of the New York Convention in Netherlands

28. Interpretation and application of the New York Convention in Norway

29. Interpretation and application of the New York Convention in Paraguay

30. Interpretation and application of the New York Convention in Peru

31. Interpretation and application of the New York Convention in Portugal

32. Interpretation and application of the New York Convention in Romania

33. Interpretation and application of the New York Convention in Russia

34. Interpretation and application of the New York Convention in Singapore

35. Interpretation and application of the New York Convention in Slovenia

36. Interpretation and application of the New York Convention in Spain

37. Interpretation and application of the New York Convention in Sweden

38. Interpretation and application of the New York Convention in Switzerland

39. Interpretation and application of the New York Convention in Taiwan

40. Interpretation and application of the New York Convention in Turkey

41. Interpretation and application of the New York Convention in United Kingdom

42. Interpretation and application of the New York Convention in United States

43. Interpretation and application of the New York Convention in Uruguay

44. Interpretation and application of the New York Convention in Venezuela

45. Interpretation and application of the New York Convention in Vietnam

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