The Public Policy Exception In The Judicial Review Of International Commercial Arbitral Awards

The Public Policy Exception In The Judicial Review Of International Commercial Arbitral Awards Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Public Policy Exception In The Judicial Review Of International Commercial Arbitral Awards book. This book definitely worth reading, it is an incredibly well-written.

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

Shu Zhang
The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards Book PDF

Author : Shu Zhang
Publisher : Springer Nature
Page : 345 pages
File Size : 40,8 Mb
Release : 2023-09-19
Category : Law
ISBN : 9783662676790

Get Book

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by Shu Zhang Pdf

This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.

Enforcement of Foreign Arbitral Awards and the Public Policy Exception

Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella
Enforcement of Foreign Arbitral Awards and the Public Policy Exception Book PDF

Author : Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella
Publisher : Springer Nature
Page : 194 pages
File Size : 46,5 Mb
Release : 2021-07-22
Category : Law
ISBN : 9789811626340

Get Book

Enforcement of Foreign Arbitral Awards and the Public Policy Exception by Bruno Zeller,Gautam Mohanty,Sai Ramani Garimella Pdf

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0

International Dispute Resolution and the Public Policy Exception

Farshad Ghodoosi
International Dispute Resolution and the Public Policy Exception Book PDF

Author : Farshad Ghodoosi
Publisher : Routledge
Page : 169 pages
File Size : 54,8 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317292838

Get Book

International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi Pdf

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

International Arbitration and Public Policy

Devin Bray,Heather L. Bray
International Arbitration and Public Policy Book PDF

Author : Devin Bray,Heather L. Bray
Publisher : Juris Publishing, Inc.
Page : 251 pages
File Size : 45,5 Mb
Release : 2014-10-01
Category : Arbitration and award
ISBN : 9781937518448

Get Book

International Arbitration and Public Policy by Devin Bray,Heather L. Bray Pdf

International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in two parts. In the first part of the book the authors tackle the daunting task of articulating the architecture and function of international public policy, highlighting its domestic and transnational dimensions as well as procedural and substantive contours. In the second part of the book, the authors tease out specific manifestations of the international public policy concept, addressing issues commonly seen in the application of the public policy concept in various jurisdictions and regions of the world, including the United States, Sweden, Switzerland, Ukraine, and East Asia, as well as under New York Convention.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 52,7 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

Get Book

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Public Policy Exception Under The New York Convention

Anton G. Maurer
Public Policy Exception Under The New York Convention Book PDF

Author : Anton G. Maurer
Publisher : Juris Publishing, Inc.
Page : 398 pages
File Size : 52,9 Mb
Release : 2013-06-01
Category : Law
ISBN : 9781937518226

Get Book

Public Policy Exception Under The New York Convention by Anton G. Maurer Pdf

The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.

Deference in International Commercial Arbitration

Franco Ferrari,Friedrich Rosenfeld
Deference in International Commercial Arbitration Book PDF

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 560 pages
File Size : 49,6 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403503172

Get Book

Deference in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Recognition and Enforcement of Foreign Arbitral Awards

Herbert Kronke,Patricia Nacimiento,Dirk Otto
Recognition and Enforcement of Foreign Arbitral Awards Book PDF

Author : Herbert Kronke,Patricia Nacimiento,Dirk Otto
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041123565

Get Book

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.

The Review of International Arbitral Awards

Emmanuel Gaillard,Nanou Leleu-Knobil
The Review of International Arbitral Awards Book PDF

Author : Emmanuel Gaillard,Nanou Leleu-Knobil
Publisher : Juris Publishing, Inc.
Page : 518 pages
File Size : 54,5 Mb
Release : 2010
Category : Arbitration and award
ISBN : STANFORD:36105134522809

Get Book

The Review of International Arbitral Awards by Emmanuel Gaillard,Nanou Leleu-Knobil Pdf

The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. --

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice

Ihab Abdel Salam Amro
Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice Book PDF

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 197 pages
File Size : 51,9 Mb
Release : 2014-03-26
Category : Law
ISBN : 9781443858663

Get Book

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.

International Arbitration in Times of Economic Nationalism

Bjorn Arp,Rodrigo Polanco
International Arbitration in Times of Economic Nationalism Book PDF

Author : Bjorn Arp,Rodrigo Polanco
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 40,7 Mb
Release : 2022-07-06
Category : Law
ISBN : 9789403546933

Get Book

International Arbitration in Times of Economic Nationalism by Bjorn Arp,Rodrigo Polanco Pdf

Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

Overriding Mandatory Rules in International Commercial Arbitration

Hossein Fazilatfar
Overriding Mandatory Rules in International Commercial Arbitration Book PDF

Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 49,5 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788973854

Get Book

Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar Pdf

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration

Frédéric Bachand,Fabien Gélinas
The UNCITRAL Model Law after Twenty Five Years Global Perspectives on International Commercial Arbitration Book PDF

Author : Frédéric Bachand,Fabien Gélinas
Publisher : Juris Publishing, Inc.
Page : 380 pages
File Size : 46,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518240

Get Book

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by Frédéric Bachand,Fabien Gélinas Pdf

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

The Notion of Award in International Commercial Arbitration

Giacomo Marchisio
The Notion of Award in International Commercial Arbitration Book PDF

Author : Giacomo Marchisio
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 43,9 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041183927

Get Book

The Notion of Award in International Commercial Arbitration by Giacomo Marchisio Pdf

International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.

The Cambridge Handbook of Judicial Control of Arbitral Awards

Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin
The Cambridge Handbook of Judicial Control of Arbitral Awards Book PDF

Author : Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin
Publisher : Cambridge University Press
Page : 1250 pages
File Size : 55,7 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108802963

Get Book

The Cambridge Handbook of Judicial Control of Arbitral Awards by Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin Pdf

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.