Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice write by Ihab Abdel Salam Amro. This book was released on 2014-03-26. Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice available in PDF, EPUB and Kindle. This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
Enforcement of Foreign Arbitral Awards and the Public Policy Exception
Enforcement of Foreign Arbitral Awards and the Public Policy Exception - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Enforcement of Foreign Arbitral Awards and the Public Policy Exception write by Bruno Zeller. This book was released on 2021-07-22. Enforcement of Foreign Arbitral Awards and the Public Policy Exception available in PDF, EPUB and Kindle. The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0
The Contemporary Regime of Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice
The Contemporary Regime of Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Contemporary Regime of Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice write by Ihab Amro. This book was released on 2011. The Contemporary Regime of Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice available in PDF, EPUB and Kindle.
Recognition and Enforcement of Foreign Arbitral Awards
Recognition and Enforcement of Foreign Arbitral Awards - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Recognition and Enforcement of Foreign Arbitral Awards write by Herbert Kronke. This book was released on 2010-01-01. Recognition and Enforcement of Foreign Arbitral Awards available in PDF, EPUB and Kindle. The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Enforcement of Foreign Arbitral Awards and Judgments in New York
Enforcement of Foreign Arbitral Awards and Judgments in New York - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Enforcement of Foreign Arbitral Awards and Judgments in New York write by Andreas A. Frischknecht. This book was released on 2016-04-24. Enforcement of Foreign Arbitral Awards and Judgments in New York available in PDF, EPUB and Kindle. Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.
