Recognition And Enforcement Of Foreign Arbitral Awards In Theory And In Practice

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 197 pages
File Size : 54,8 Mb
Release : 2014-03-26
Category : Law
ISBN : 9781443858663

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Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by Ihab Abdel Salam Amro Pdf

This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

Author : Omar E. García-Bolívar,Hernando Otero
Publisher : Martinus Nijhoff Publishers
Page : 308 pages
File Size : 45,7 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004284364

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Recognition and Enforcement of International Commercial Arbitral Awards in Latin America by Omar E. García-Bolívar,Hernando Otero Pdf

The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.

Author : Herbert Kronke,Patricia Nacimiento,Dirk Otto
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 43,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041123565

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Recognition and Enforcement of Foreign Arbitral Awards by Herbert Kronke,Patricia Nacimiento,Dirk Otto Pdf

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 rightsA" 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.

Author : Roman Zykov
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 51,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9789403532912

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Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by Roman Zykov Pdf

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Author : George A. Bermann
Publisher : Springer
Page : 1102 pages
File Size : 53,7 Mb
Release : 2017-07-17
Category : Law
ISBN : 9783319509150

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Recognition and Enforcement of Foreign Arbitral Awards by George A. Bermann Pdf

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 [insert number] 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.”

Author : UNCITRAL Secretariat,Emmanuel Gaillard,George A. Bermann
Publisher : BRILL
Page : 399 pages
File Size : 46,6 Mb
Release : 2017-07-17
Category : Law
ISBN : 9789004351943

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Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards by UNCITRAL Secretariat,Emmanuel Gaillard,George A. Bermann Pdf

The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention.

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 48,7 Mb
Release : 2017-02-15
Category : Political Science
ISBN : 9789210583183

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UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by United Nations Commission on International Trade Law Pdf

The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 286 pages
File Size : 53,7 Mb
Release : 2019-01-08
Category : Law
ISBN : 9781527524569

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Online Arbitration in Theory and in Practice by Ihab Abdel Salam Amro Pdf

This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.

Author : Roman Zykov
Publisher : Kluwer Law International
Page : 632 pages
File Size : 44,8 Mb
Release : 2021-04-22
Category : Electronic
ISBN : 9403532904

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Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by Roman Zykov Pdf

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Author : Franco Ferrari,Friedrich Rosenfeld,Charles T. Kotuby
Publisher : Edward Elgar Publishing
Page : 179 pages
File Size : 40,9 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781035302079

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Recognition and Enforcement of Foreign Arbitral Awards by Franco Ferrari,Friedrich Rosenfeld,Charles T. Kotuby Pdf

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.

Author : Ihab Abdel Salam,Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 128 pages
File Size : 53,8 Mb
Release : 2021-10
Category : Electronic
ISBN : 152757265X

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Online Arbitration in Theory and in Practice by Ihab Abdel Salam,Ihab Abdel Salam Amro Pdf

This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.

Author : Claudia Alfons
Publisher : Peter Lang
Page : 224 pages
File Size : 52,8 Mb
Release : 2010
Category : Arbitration agreements, Commercial
ISBN : 3631603789

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Recognition and Enforcement of Annulled Foreign Arbitral Awards by Claudia Alfons Pdf

Originally presented as the author's thesis (doctoral)--Univ. Wien, 2009.

Author : Mostafa Fahim Nia
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2017
Category : Arbitration agreements, Commercial
ISBN : 153612110X

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The Enforcement of Foreign Arbitral Awards by Mostafa Fahim Nia Pdf

This book concentrates on the enforcement of foreign arbitral awards under the New York Convention. It is to be noted that the subject is an immense area which allows for an unlimited amount of analysis and discussion. Therefore, the focus will be directed at those key issues which, in the author's estimation, are most likely to represent the core of recognition and enforcement before the national courts. The importance of this book stems from the importance of arbitration as a peaceful means to settle disputes in the field of international trade. In fact, the effectiveness of international arbitration depends on the question of whether the awards can be enforced against the losing party. Therefore, the enforcement of foreign arbitral awards is considered as a significantly important subject in the field of international commercial arbitration. The main objectives of this book are: to provide a detailed and comprehensive account of how foreign arbitral awards are recognised and enforced; to identify and analyse the main controversies and complexities in the judicial application of the New York Convention; to cast light on unexplored corners and highlight unanticipated problems; and to suggest ways forward for the legal systems in question. This book seeks also to examine the commitment of the countries towards the application of the New York Convention, particularly with regard to the application of Article V in refusing the enforcement of foreign awards. The use of a comparative method in this book will provide more information for understanding the countries attitudes toward foreign arbitration. This method will provide similarities and differences between the roles of national courts in enforcing foreign arbitral awards, and can be used to deduce the best way to implement the provisions of foreign arbitral awards. It highlights also areas of strengths and weaknesses concerning the law prevailing in each jurisdiction. In this regard, the author would like to state that this is the first comparative study addressing the subject of foreign awards enforcement under the current regimes in almost all countries (common law and civil law countries). Therefore, this book will act as a valuable resource and will enrich the legal library with a contemporary comparative study.

Author : Sandra Synková
Publisher : Springer Science & Business Media
Page : 321 pages
File Size : 50,8 Mb
Release : 2013-06-14
Category : Law
ISBN : 9783319001340

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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage by Sandra Synková Pdf

International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.

Author : United Nations. Secretary-General
Publisher : Unknown
Page : 64 pages
File Size : 50,6 Mb
Release : 1956
Category : International commercial arbitration
ISBN : STANFORD:36105044226269

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Recognition and Enforcement of Foreign Arbitral Awards by United Nations. Secretary-General Pdf