60 Years of the New York Convention: Key Issues and Future Challenges
About this book:
60 Years of the New York Convention addresses a wide range of legal issues related to the application of the New York Convention in the context of international commercial arbitration and international investment arbitration. 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.
What’s in this book:
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.
There are also a number of fascinating reflections on the future of a convention that is about to welcome its 160th contracting State. Ample reference is made throughout to leading cases and practice.
How this will help you:
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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Foreword Author Bio
Foreword: Celebration of the 60th Anniversary of the New York Convention
Preface and Acknowledgements: An International Toast to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
List of Abbreviations
International Commercial Arbitration and the New York Convention
The New York Convention and the Enforcement of Arbitration Agreements by National Courts: What Level of Review?
Manuel Penadés Fons & Pedro Tent Alonso
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
The Role of the New York Convention in Remedying the Pitfalls of Multi-tiered Dispute Resolution Clauses
Some Obstacles to Recognition and Enforcement under the New York Convention
Non-domestic Award: The Second Hypothesis of Article I(1)
Fernando Mantilla Serrano
Emergency Arbitrator Awards: Addressing Enforceability Concerns Through National Law and the New York Convention
Sai Ramani Garimella & Poomintr Sooksripaisarnkit
Flipping the Hourglass: Time Limits for the Recognition and Enforcement of Foreign Arbitral Awards
The New York Convention and New Technologies
The UN Convention on the Use of Electronic Communications in International Contracts: An Overlooked Remedy for Outdated Form Provisions under the New York Convention?
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
Grounds for Refusal under the New York Convention
Lack of Impartiality or Independence as Grounds to Deny Enforcement under the New York Convention
Rafael Carlos de Rosal Carmona
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
Public Policy under the New York Convention: National, International, and Transnational
Margaret L. Moses
Enforcement of Annulled Awards under the New York Convention
Enforcement of Annulled Awards: Differences Between Jurisdictions and Recent Interpretations
Clifford J. Hendel & María Antonia Pérez Nogales
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
European Union Law and the New York Convention
Challenges under EU Law to the Enforcement of Arbitral Awards under the New York Convention
Arbitral Preliminary References: The New York Convention Regime as Adequate Mechanism for Compliance under Article 267 TFEU?
Michael De Boeck
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
The Future of the New York Convention
The New York Convention’s 60th Anniversary: A Restatement for the New York Convention?
Marike Paulsson & Supritha Suresh
Time for a New NY Convention? Was Albert van den Berg Right?
Joe Tirado, Alberto Acevedo & Gabriela Cosío Patiño
Arbitrating and Enforcing Foreign Awards in the ASEAN Region: Confronting the Perennial Issues
Choong Yeow Choy
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?
Enforcing Awards Against States and State Entities under the NY Convention
Sovereign Immunity as a Ground to Refuse Compliance with Investor-State Awards: Past Experience and Future Developments
Javier García Olmedo
Waivers of Sovereign Immunities in Enforcement Proceedings and the 1958 NY Convention
Félix J. Montero & Paloma Castro
Investment Arbitration and the New York Convention
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
The New York Convention and Investment Arbitration: Harmony or Tension?
The Expanding Role of the New York Convention in Enforcement of International Investment Arbitral Awards
The Circulation of International Investment Awards under the New York Convention
Carlo de Stefano
The New York Convention and a Prospective Multilateral Investment Court
The New York Convention’s Concept of Arbitration and the Enforcement of Multilateral Investment Court Decisions
Alvaro Galindo, David L. Attanasio & Ana María Durán
Table of Cases
Table of Legislation