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Vol 23 No 5 May/June 2018

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The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: A Commentary

Edited by: Reinmar Wolff

ISBN13: 9781849461962
Published: November 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £190.00

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Arbitration has become the dispute resolution mechanism of choice in cross-border contracts. International arbitration not only paves the way for the parties to avoid state courts, it also facilitates transnational enforceability of awards far beyond the enforceability of state court judgments.

The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the so-called New York Convention), for good reasons labelled as the Magna Charta of international arbitration.

The New York Convention has been ratified by 144 states so far. In this book experienced practitioners comment on the Convention article-by-article. A systematic introduction offers additional guidance. This traditional German approach provides for a clear structure which will swiftly guide the reader to the issue he or she is engaged with.

Arbitration and Dispute Resolution
Preface List of Abbreviations and Acronyms Table of Cases and Awards General Bibliography Preliminary Remarks (Liebscher) Article I [Scope of Application] (Ehle) Article II [Recognition of Arbitration Agreements] (Wilske) Article II(1), (2) (Wolff) Article II(3) (Wilske/Fox) Article III [Recognition and Enforcement of Arbitral Awards; General Rule] (Scherer) Article IV [Formal Requirements for Recognition and Enforcement of Arbitral Awards] (Scherer) Article V [Grounds for Refusal of Recognition and Enforcement of Arbitral Awards] (Borris/Hennecke) Article V General (Borris/Hennecke) Article V (1)(a) (Wilske/Fox) Article V (1)(b) (Scherer) Article V (1)(c) (Borris/Hennecke) Article V (1)(d) (Borris/Hennecke) Article V (1)(e) (Liebscher) Article V (2)(a) (Quinke) Article V (2)(b) (Wolff) Article VI [Adjournment; Security] (Liebscher) Article VII [Other Enforcement Regimes] (Quinke) Article VIII [Signing and Ratifying the Convention] (Kolbl) Article IX [Accession] (Kolbl) Article X [Extension to Other Territories] (Kolbl) Article XI [Federal or Non-Unitary States] (Kolbl) Article XII [Coming into Force] (Kolbl) Article XIII [Denunciation] (Kolbl) Article XIV [Avail Against Other Contracting States] (Kolbl) Article XV [Notifications] (Kolbl) Article XVI [Official Languages; Transmission of Copies] (Kolbl) Annexes I. Text of the New York Convention in Authentic Languages II. Status of the New York Convention (Contracting States, Dates, Reservations and Declarations) III. UNCITRAL Recommendation IV. Travaux Pre'paratoires 1. New York Convention 2. UNCITRAL Recommendation V. Complementing Conventions 1. Geneva Protocol 2. Geneva Convention 3. European Convention 4. Panama Convention Index