The 1958 New York Convention in Action (eBook)

The New York Convention in Action gives an intensive account of the case law that has emerged worldwide since the NYC’s inception in 1958, highlighting a selection of the NYC’s landmark cases to date.

The book includes a unique and holistic approach to the preparatory works of the NYC (the travaux), which do not appear to have been fully exploited in the past. The reader will be able to derive insights from the travaux and to assess claims made as to the drafters’ alleged intent.

The author has analyzed the records of the debates in their totality and has selected those parts that are central to an approach that conforms to Articles 31 and 32 of the Vienna Convention on the Law Treaties. The judicial application of the NYC and the travaux illuminate the issues that have surfaced over the last 50 years and often remain misunderstood today.

The author has benefitted from her participation in structured but informal and intensive dialogues with over a hundred judges in a number of countries on four continents. Their interrogations significantly inform her approach to the issues addressed in the book.

Features:

• A separate chapter on treaty interpretation and the effects of international law;
• A separate chapter on the essential features of the Convention;
• An account of the drafting history which dispels a number of misconceptions;
• An update of the case law reported in the ICCA Yearbooks;
• An analysis of UNCITRAL case law; and
• A consolidated index of the Drafting History and Transposition Table.