Enforcement of Foreign Arbitral Awards and the Public Policy Exception

2021-07-22 Law

Author : Bruno Zeller
Release : 2021-07-22
Genre : Law
Kind : eBook
Book Rating : 340/5 ( reviews)

Book Synopsis Enforcement of Foreign Arbitral Awards and the Public Policy Exception by : Bruno Zeller

Download or read book Enforcement of Foreign Arbitral Awards and the Public Policy Exception written by Bruno Zeller. This book was released on 2021-07-22. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Public Policy Exception Under the New York Convention

2022 Arbitration agreements, Commercial

Author : Anton Georg Maurer
Release : 2022
Genre : Arbitration agreements, Commercial
Kind : eBook
Book Rating : 621/5 ( reviews)

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Book Synopsis The Public Policy Exception Under the New York Convention by : Anton Georg Maurer

Download or read book The Public Policy Exception Under the New York Convention written by Anton Georg Maurer. This book was released on 2022. Available in PDF, EPUB and Kindle. Book excerpt: "The Public Policy Exception under the New York Convention: History, Interpretation, and Application, Second Edition describes in detail the drafting history of the public policy exception of Article V (2) (b) of the New York Convention and the purpose the signatory states wanted to achieve with this clause. The book explains how this clause is applied by the courts in many economically relevant states, especially in Brazil, Russia, India, and China. Since the release of the first edition in 2013, some countries have enacted new or amended existing arbitration laws, and many new decisions have been released especially by courts in Brazil, China, India, and Russia, which prompted the publication of this second edition. The book is important for internationally active companies as well as for lawyers and courts, as it aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Judgments often will not be enforced abroad, and this is especially true with respect to the enforcement of foreign judgments in the BRIC countries. For this reason, while useful to scholars and students, the Public Policy Exception, Second edition is of particular use to internationally active companies and their advisors as the book provides guidance on whether and where foreign arbitral awards will be more likely to be enforced in their favor abroad."-- from publisher's website.

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

2020-08-12 Law

Author : Zena Prodromou
Release : 2020-08-12
Genre : Law
Kind : eBook
Book Rating : 019/5 ( reviews)

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

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou. This book was released on 2020-08-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

2023-09-19 Law

Author : Shu Zhang
Release : 2023-09-19
Genre : Law
Kind : eBook
Book Rating : 796/5 ( reviews)

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

Download or read book The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards written by Shu Zhang. This book was released on 2023-09-19. Available in PDF, EPUB and Kindle. Book excerpt: 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.

60 Years of the New York Convention

2019-03-22 Law

Author : Katia Fach Gomez
Release : 2019-03-22
Genre : Law
Kind : eBook
Book Rating : 359/5 ( reviews)

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Book Synopsis 60 Years of the New York Convention by : Katia Fach Gomez

Download or read book 60 Years of the New York Convention written by Katia Fach Gomez. This book was released on 2019-03-22. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Enforcement of Foreign Arbitral Awards and the Public Policy Exception

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