Cover image for 60 years of the New York Convention : key issues and future challenges
Title:
60 years of the New York Convention : key issues and future challenges
Author:
60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Conference) (2018 : Seville, Spain)
ISBN:
9789403501550

9789403501352

9789403501451
Physical Description:
lvii, 518 pages ; 25 cm
Contents:
Foreword: Celebration of the 60th anniversary of the New York Convention / Anna Joubin-Bret -- Preface and acknowledgements: an international toast to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards / Katia Fach Gómez -- Part I. International commercial arbitration and the New York Convention. 1. The New York Convention and the enforcement of arbitration agreements by national courts: what level of review? / Manuel Penadés Fons, Pedro Tent Alonso -- 2. An arbitrator's obligation to use reasonable efforts to issue an enforceable award and its interaction with the New York Convention / Aníbal Sabater, Lídia Rezende -- 3. The role of the New York Convention in remedying the pitfalls of multi-tiered dispute resolution clauses / Maryam Salehijam -- Part II. Some obstacles to recognition and enforcement under the New York Convention. 4. Non-domestic award: the second hypothesis of Article I(1) / Fernando Mantilla Serrano -- 5. Emergency arbitrator awards: addressing enforceability concerns through national law and the New York Convention / Sai Ramani Garimella, Poomintr Sooksripaisarnkit -- 6. Flipping the hourglass: time limits for the recognition and enforcement of foreign arbitral awards / Sumru Akter -- Part III. The New York Convention and new technologies. 7. The UN Convention on the Use of Electronic Communications in International Contracts: an overlooked remedy for outdated form provisions under the New York Convention? / Reinmar Wolff -- 8. When the tribunal is an algorithm: complexities of enforcing orders determined by a software under the New York Convention / Irene Ng (Huang Ying), Valeria Benedetti del Rio

Part IV. Grounds for refusal under the New York Convention. 9. Lack of impartiality or independence as grounds to deny enforcement under the New York Convention / Rafael Carlos de Rosal Carmona -- 10. Constitutionalizing the 1958 New York Convention from below by other means? The relevance of respondent states' domestic constitutional law in the enforcement of investment awards / Karsten Nowrot, Emily Sipiorski -- 11. Public policy under the New York Convention: national, international, and transnational / Margaret L. Moses -- Part V. Enforcement of annulled awards under the New York Convention. 12. Enforcement of annulled awards: differences between jurisdictions and recent interpretations / Clifford J. Hendel, María Antonia Pérez Nogales -- 13. Recognition and enforcement of arbitral awards annulled in their own seat: the Latin American experience interpreting the New York Convention's 'sovereign spaces' / José Manuel Álvarez Zárate, Camilo Valenzuela -- Part VI. European Union law and the New York Convention. 14. Challenges under EU law to the enforcement of arbitral awards under the New York Convention / Paschalis Paschalidis -- 15. Arbitral preliminary references: the New York Convention regime as adequate mechanism for compliance under Article 267 TFEU? / Michael De Boeck -- 16. Competition law provisions as manifestations of public policy within the meaning of Article V(2)(b) of the NY Convention: examining competition law of the People's Republic of China to reveal the uniqueness of European Union competition law in the context of international commercial arbitration / Iina Tornberg -- Part VII. The future of the New York Convention. 17. The New York Convention's 60th anniversary: a restatement for the New York Convention? / Marike Paulsson, Supritha Suresh -- 18. Time for a new NY Convention? Was Albert van den Berg right? / Joe Tirado, Alberto Acevedo, Gabriela Cosío Patiño

Part VIII. Regional approaches. 19. Arbitrating and enforcing foreign awards in the ASEAN region: confronting the perennial issues / Choong Yeow Choy -- 20. 60 years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958: are we there yet in Sub-Saharan Africa? / Abayomi Okubote -- Part IX. Enforcing awards against states and state entities under the NY Convention. 21. Sovereign immunity as a ground to refuse compliance with investor-state awards: past experience and future developments / Javier García Olmedo -- 22. Waivers of sovereign immunities in enforcement proceedings and the 1958 NY Convention / Félix J. Montero, Paloma Castro -- Part X. Investment arbitration and the New York Convention. 23. Arbitrating arbitrability in the United States: the incorporation of institutional rules into bilateral investment treaties and the consequences for challenges to recognition and enforcement of awards under the New York Convention / Derek C. Smith, Joseph Klingler -- 24. The New York Convention and investment arbitration: harmony or tension? / Orsolya Toth -- 25. The expanding role of the New York Convention in enforcement of international investment arbitral awards / Aliz Káposznyák -- 26. The circulation of international investment awards under the New York Convention / Carlo de Stefano -- Part XI. The New York Convention and a prospective multilateral investment court -- 27. The New York Convention's concept of arbitration and the enforcement of multilateral investment court decisions / Alvaro Galindo, David L. Attanasio, Ana María Durán.
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Book 0357552 K2400.A41958 A36 2018 Central Campus Library
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Summary

Summary

Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention's 60th anniversary, provides a fully updated analysis of the Convention's application from international, comparative, and national perspectives.

Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book's 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following:

Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries.

Ample reference is made throughout to leading cases and practice.

Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book's combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties