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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Public Policy Exception Under The New York Convention: History, Interpretation, and Application isbn 9781937518226

The Public Policy Exception Under The New York Convention: History, Interpretation, and Application


ISBN13: 9781937518035
New Edition ISBN: 9781937518226
Published: June 2012
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: Out of print



This new book describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause.

The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China.

This book is of importance for all internationally active companies, as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries.

Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.

Subjects:
Arbitration and Dispute Resolution
Contents:
1. Introduction
2. Interpretation of International Conventions
3. Drafting History of Article V (2) (B) of The New York Convention
I. Geneva Convention on the Execution of Foreign Arbitral Awards 1927
II. ICC Reviewed Geneva Convention and Prepared Preliminary Draft Convention
III. ECOSOC’s Ad Hoc Committee Prepared Draft Convention
IV. Comments from Governments and NGOs to Draft Convention
V. United Nations Conference on International Commercial Arbitration
4. Interpretation of Art. V (2) (B)
I. Limitation of Grounds
II. Contrary to the Public Policy "of That Country"
III. Literal Interpretation: "Public Policy" Is Not identical with "Domestic Law"
IV. "May Also Be Refused"
V. "Public Policy"--Narrow or Wide Interpretation?
VI. Relationship between Article V(1) and V(2)(b)
5. The Application of The Public Policy Exception in Various Countries
I. Austria
II. Canada
III. England
IV. France
V. Germany
VI. Hong Kong
VII. Hungary
VIII. Ireland
IX. Italy
X. Japan
XI. Republic of Korea
XII. Malaysia
XIII. Mexico
XIV. New Zealand
XV. Republic of the Philippines
XVI. Singapore
XVII. Spain
XVIII. Sweden
XIX. Switzerland
XX. United States of America
6. The Application of the Public Policy Exception in Brazil, Russia, India and China
I. Brazil
II. Russian Federation
III. India
IV. People's Republic of China
7. Conclusion
Bibliography
Index