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60 Years of the New York Convention: Key Issues and Future Challenges by GOMEZ

60 Years of the New York Convention: Key Issues and Future Challenges

Edited by Katia Fach Gómez, Ana Mercedes López Rodríguez
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Overview

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.

Publish Date 03/12/2019
Product Line Kluwer Law International
ISBN 9789403501550
SKU 10064947-0001
Table of Contents

Editors

Contributors

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

PART I
International Commercial Arbitration and the New York Convention

CHAPTER 1
The New York Convention and the Enforcement of Arbitration Agreements by National Courts: What Level of Review?
Manuel Penadés Fons & Pedro Tent Alonso

CHAPTER 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

CHAPTER 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

CHAPTER 4
Non-domestic Award: The Second Hypothesis of Article I(1)
Fernando Mantilla Serrano

CHAPTER 5
Emergency Arbitrator Awards: Addressing Enforceability Concerns Through National Law and the New York Convention
Sai Ramani Garimella & Poomintr Sooksripaisarnkit

CHAPTER 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

CHAPTER 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

CHAPTER 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

CHAPTER 9
Lack of Impartiality or Independence as Grounds to Deny Enforcement under the New York Convention
Rafael Carlos de Rosal Carmona

CHAPTER 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

CHAPTER 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

CHAPTER 12
Enforcement of Annulled Awards: Differences Between Jurisdictions and Recent Interpretations
Clifford J. Hendel & María Antonia Pérez Nogales

CHAPTER 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

CHAPTER 14
Challenges under EU Law to the Enforcement of Arbitral Awards under the New York Convention
Paschalis Paschalidis

CHAPTER 15
Arbitral Preliminary References: The New York Convention Regime as Adequate Mechanism for Compliance under Article 267 TFEU?
Michael De Boeck

CHAPTER 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

CHAPTER 17
The New York Convention’s 60th Anniversary: A Restatement for the New York Convention?
Marike Paulsson & Supritha Suresh

CHAPTER 18
Time for a New NY Convention? Was Albert van den Berg Right?
Joe Tirado, Alberto Acevedo & Gabriela Cosío Patiño

PART VIII
Regional Approaches

CHAPTER 19
Arbitrating and Enforcing Foreign Awards in the ASEAN Region: Confronting the Perennial Issues
Choong Yeow Choy

CHAPTER 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

CHAPTER 21
Sovereign Immunity as a Ground to Refuse Compliance with Investor-State Awards: Past Experience and Future Developments
Javier García Olmedo

CHAPTER 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

CHAPTER 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

CHAPTER 24
The New York Convention and Investment Arbitration: Harmony or Tension?
Orsolya Toth

CHAPTER 25
The Expanding Role of the New York Convention in Enforcement of International Investment Arbitral Awards
Aliz Káposznyák

CHAPTER 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

CHAPTER 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
    
Table of Cases

Table of Legislation

Index

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