The Effect Of The 1958 New York Convention On Foreign Arbitral Awards In The Arab Gulf States

Author : Reyadh Mohamed Seyadi
Publisher : Cambridge Scholars Publishing
Page : 255 pages
File Size : 54,9 Mb
Release : 2017-08-21
Category : Law
ISBN : 9781527502697

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The Effect of the 1958 New York Convention on Foreign Arbitral Awards in the Arab Gulf States by Reyadh Mohamed Seyadi Pdf

In the second half of the twentieth century, alongside the evolution of the global economy, modern technology, rapid transportation and multinational enterprises, there was an increased demand for a dispute resolution mechanism that met the needs of traders, international trade and economic policy-makers. Arbitration as an alternative dispute resolution has significantly gained in popularity in the Arab Gulf States over the past two decades or so. This is no doubt reason enough to take a closer look at the main theme that defines arbitration in this region. National courts of the Arab Gulf states are invariably seen as not very arbitration friendly, some possibly even hostile to arbitration. Public order, alongside the Islamic legal traditions, is seen as unruly horse that could possibly undermine the development of international commercial arbitration in this region. The contribution in this book will go some way toward dissipating the concerns that are routinely raised about the procedural and practical soundness of arbitration in the Arab Gulf states. In addition, the book serves to place arbitration in the Arab Gulf states in its present legal systems, national laws and courts practices.

Author : UNCITRAL Secretariat,Emmanuel Gaillard,George A. Bermann
Publisher : BRILL
Page : 399 pages
File Size : 50,8 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 : Marike Paulsson
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 50,7 Mb
Release : 2016-02-24
Category : Law
ISBN : 9789041152411

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The 1958 New York Convention in Action by Marike Paulsson Pdf

The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: • the text and its issues; • original intent; • the prism of the rules of interpretation of the Vienna Convention; • judicial outcomes; and • appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 50,7 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 : Reinmar Wolff
Publisher : Unknown
Page : 750 pages
File Size : 48,5 Mb
Release : 2018-10
Category : Electronic
ISBN : 3406714455

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New York Convention by Reinmar Wolff Pdf

Author : United Nations Publications
Publisher : Unknown
Page : 354 pages
File Size : 53,7 Mb
Release : 2016
Category : Business & Economics
ISBN : UCBK:C120905973

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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 Publications Pdf

The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

Author : Mostafa Fahim Nia
Publisher : Nova Science Publishers
Page : 185 pages
File Size : 47,7 Mb
Release : 2017
Category : Law
ISBN : 1536121444

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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 : Uncitral Secretariat
Publisher : Brill - Nijhoff
Page : 382 pages
File Size : 47,6 Mb
Release : 2017-07-20
Category : Law
ISBN : 9004351930

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Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards by Uncitral Secretariat Pdf

B. What is a "competent authority" of the country "in which, or under the law of which", the award was made? -- C. Award set aside or suspended -- Article V (2)(a) -- A. Concept -- B. Application -- Article V (2)(b) -- A. Concept -- B. Application -- C. Procedural issues in raising the defence of article V (2)(b) -- Article VI -- A. General principles -- B. The decision to grant or deny adjournment -- C. The decision to order suitable security -- Article VII -- Article VII (1) -- A. General principles -- B. Interaction of the Convention with other treaties -- C. Interaction of the Convention with domestic law -- Article VII (2) -- Article VIII -- Article VIII (1) -- Article VIII (2) -- A. Procedure for becoming a party -- B. Depositary -- Article IX -- Article X -- Article XI -- Article XII -- Article XIII -- Article XIV -- Article XV -- Article XVI -- ANNEX I Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) -- ANNEX II External Resources (Interactive Guide, Bibliography, Case Law, Jurisdiction Briefs, Travaux Préparatoires, General Index) -- Editorial Board -- UNCITRAL Secretariat -- Research Assistants -- Acknowledgement of Contributions

Author : Domenico Di Pietro,Martin Platte
Publisher : Unknown
Page : 288 pages
File Size : 46,5 Mb
Release : 2001-01-01
Category : Arbitration agreements, Commercial
ISBN : 187469897X

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Enforcement of International Arbitration Awards by Domenico Di Pietro,Martin Platte Pdf

Author : Essam Al Tamimi
Publisher : Juris Publishing, Inc.
Page : 568 pages
File Size : 48,8 Mb
Release : 2009-09-01
Category : Arbitration and award
ISBN : 9781933833309

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Practitioner's Guide to Arbitration in the Middle East and North Africa by Essam Al Tamimi Pdf

The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Author : United Nations
Publisher : Unknown
Page : 64 pages
File Size : 43,8 Mb
Release : 1999
Category : Law
ISBN : OSU:32435061738365

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Enforcing Arbitration Awards Under the New York Convention by United Nations Pdf

" ... papers presented at "New York Convention Day." That colloquium was held in the Trusteeship Council Chamber of the United Nations Headquarters, New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958."--t. p.

Author : United Nations,United Nations Conference on International Commercial Arbitration, New York, 1958
Publisher : New York : United Nations
Page : 18 pages
File Size : 52,9 Mb
Release : 1958
Category : Arbitration and award
ISBN : UOM:39015028897828

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Final Act and Convention on the Recognition and Enforcement of Foreign Arbitral Awards by United Nations,United Nations Conference on International Commercial Arbitration, New York, 1958 Pdf

Author : Donald Charrett
Publisher : Taylor & Francis
Page : 404 pages
File Size : 42,6 Mb
Release : 2023-09-20
Category : Law
ISBN : 9781000932546

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FIDIC Contracts in Africa and the Middle East by Donald Charrett Pdf

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are or can be used. This book closely follows the format of The International Application of FIDIC Contracts. Each jurisdiction features an outline of its construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law.

Author : Vitit Muntarbhorn
Publisher : Springer Nature
Page : 238 pages
File Size : 49,9 Mb
Release : 2021-06-14
Category : Law
ISBN : 9789811620478

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Challenges of International Law in the Asian Region by Vitit Muntarbhorn Pdf

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state‐centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Author : Nathalie Najjar
Publisher : BRILL
Page : 1340 pages
File Size : 46,6 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004357488

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Arbitration and International Trade in the Arab Countries by Nathalie Najjar Pdf

Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.