The 1958 New York Convention in Action

1. Auflage 2016
ISBN: 978-90-411-5226-8
Verlag: Wolters Kluwer

Buch, Englisch, 296 Seiten

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.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

About the Author
Foreword
Preface
CHAPTER 1 Essential Features
CHAPTER 2 The New York Convention as an Instrument of International Law
CHAPTER 3 Enforcing Arbitration Agreements
CHAPTER 4 The Obligation to Enforce Awards
CHAPTER 5 Article IV: Requesting Enforcement of Awards
CHAPTER 6 Resisting Enforcement of Awards
CHAPTER 7 Refusal of the Enforcement of Awards Ex Officio
CHAPTER 8 The Trump Card: Article VII(1)
Annexes
Annex
The 1958 New York Convention
Annex
Consolidated List of Drafting History
Index

Über Autor(innen)

Marike Paulsson is Director of the University Miami School of Law's International Arbitration Institute and Lecturer in Law. She is former counsel at Hanotiau & van den Berg in Brussels, Belgium, a boutique law firm focused on commercial arbitration and litigation. She has co-taught courses on The New York Convention with Albert Jan van den Berg at the University of Miami School of Law. She has also taught at Erasmus University in Rotterdam and at the University of Versailles. She is the founder of Young ICCA and chair of its advisory board as well as founder and chair of the NYC Roadshow Committee of ICCA (International Council for Commercial Arbitration); founder of FA:M (Future of Arbitration: Miami); and co-chair of YAP (Young Arbitration Practitioners). She has authored several publications on international arbitration, including the Netherlands Report for the international Handbook on Commercial Arbitration and co-authored ICCA's Guide to the Interpretation on the 1958 New York Convention.