Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards : New York 1958.

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.o...

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Bibliographic Details
Main Author: Secretariat, Uncitral
Other Authors: Gaillard, Emmanuel, 1952-2021, Bermann, George A.
Format: eBook
Language:English
Published: Boston : BRILL, 2017.
Subjects:
Online Access:Click for online access
Table of Contents:
  • Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards: New York, 1958; Copyright; Contents; UNCITRAL Secretary Foreword; Experts' Foreword; The NewYorkConvention1958.org website; Preface; Introduction; Article I; Article I (1); A. Meaning of "recognition and enforcement"; B. Meaning of "arbitral awards"; C. Arbitral awards falling within the scope of the Convention; D. Meaning of "arising out of differences"; Article I (2); Article I (3); A. Reciprocity reservation; B. Commercial reservation; Article II; Article II (1).
  • A. The obligation to recognize an agreement in writingB. Meaning of "agreement"; C. Scope of the "agreement in writing"; Article II (2); A. "Arbitral clause in a contract" versus "arbitration agreement"; B. The signature requirement; C. An arbitral clause or an arbitration agreement included in an exchange of documents; Article II (3); A. General principles; B. Enforcement of arbitration agreements under article II (3); Article III; A. General principle; B. Rules of procedure of the territory where the award is relied upon.
  • C. There should not be imposed substantially more onerous conditions or higher fees or charges than are imposed on the recognition or enforcement of domestic arbitral awardsArticle IV; A. Prima facie right to recognition and enforcement; B. An exhaustive set of requirements; C. Whether applicants can supply some, but not all, article IV documents; D. "[A]t the time of the application"; Article IV (1)(a); A. The requirement that the applicant provide the "award"; B. Authentication and certification; Article IV (1)(b).
  • A. The requirement that the applicant provide the arbitration agreement "referred to in article II"B. No requirement to prove the validity of the arbitration agreement; C. No requirement to authenticate the arbitration agreement; Article IV (2); A. Governing law; B. Certification "by an official or sworn translator or by a diplomatic or consular agent"; C. The object of translation; Article V; A. Court discretion under article V; B. Exhaustive character of grounds under article V; C. Burden of proof under article V; Article V (1)(a); Incapacity of the parties.
  • A. Meaning of "the parties to the agreement referred to in article II"B. Concept of incapacity; C. Meaning of the "law applicable to them"; D. Relevant time for incapacity; Invalidity of the arbitration agreement; A. The choice of law rule under article V (1)(a); B. Meaning of "invalidity"; C. Formal validity of an arbitration agreement; Procedural issues arising in connection with article V (1)(a); A. Burden of proof; B. Relevance of the findings of arbitral tribunals or courts; C. Preclusion; Article V (1)(b); A. The requirement that the parties be given "proper notice."