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Transnational Due Process and Article V(1)(b) of the New York Convention

Transnational Due Process and Article V(1)(b) of the New York Convention

Author: Dan Xie
Publisher: Kluwer Law International
ISBN: 9789403524375
Published In: June 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,840.00

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Description
Contents

Details

Transnational Due Process and Article V(1)(b) of the New York Convention is a book that thoroughly examines the variety of approaches to the ‘due process’ clause adopted by different national courts along with a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Widely regarded as the most crucial ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions.

Drawing on insights and methods from comparative law that consider national legal systems, international commercial arbitration, and other international legal regimes, the author leverages explicitly the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following:

threshold requirements for the due process defence
policy considerations of and relevant limits to the interpretation and application of the due process defence
proper notice of the appointment of the arbitrator or the arbitration proceedings
opportunity to present a case and equal treatment, and
the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence

The book comprises a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography provides references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws.

The book clearly shows how understanding transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on domestic courts’ decentralised interpretation of international law. Resolving a range of practical questions about the precise content of the due process defence, arbitration professionals will greatly appreciate the book’s stable and principled framework for interpreting the due process defence. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.

Foreword

Acknowledgements

CHAPTER 1. Transnational Due Process and Article V(1)(b) of the New York Convention

CHAPTER 2. The Law Applicable to the Due Process Defence

CHAPTER 3. The Principle of Audiatur Et Altera Pars in International Commercial Arbitration

CHAPTER 4. Sources of Transnational Due Process in International Commercial Arbitration

CHAPTER 5. Policy Considerations of and Relevant Limits to the Interpretation and Application of the Due Process Defence

CHAPTER 6. The Proper Notice of the Appointment of the Arbitrator or of the Arbitration Proceedings

CHAPTER 7. The Opportunity to Present Its Case and Equal Treatment

CHAPTER 8. Conclusion

Bibliography