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Author: Andreas A. Frischknecht
Publisher: Kluwer Law International B.V.
ISBN: 9041186352
Category : Law
Languages : en
Pages : 461
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Book Description
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.
Author: Andreas A. Frischknecht
Publisher: Kluwer Law International B.V.
ISBN: 9041186352
Category : Law
Languages : en
Pages : 461
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Book Description
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.
Author: Reinmar Wolff
Publisher: Anchor Books
ISBN: 9783832972646
Category : Arbitration agreements, Commercial
Languages : en
Pages : 612
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Book Description
In a world characterized, on the one hand, by globalized trade and commerce, and, on the other, by deteriorating judicial services, arbitration has become the dispute resolution mechanism of choice in cross-border commercial transactions. International arbitration not only paves the way for parties to avoid State courts, it also facilitates the transnational enforceability of awards that are far more effective than the enforceability of State court judgments. The major instrument is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) of June 10, 1958, which entered into force one year after. Since then, the New York Convention has been ratified by 144 States, including all the important trading nations. For good reason, the New York Convention is labeled the Magna Carta of international arbitration. The courts of any contracting State are required "to give effect to an agreement to arbitrate when seized of an action in a matter covered by an arbitration agreement and also to recognize and enforce awards made in other States, subject to specific limited exceptions" (UNCITRAL). In this book, the 16 articles of the Convention are dealt with in an article-by-article analysis, following a clear structure which swiftly guides the reader to the issue that he or she is engaged with. Given the New York Convention's global relevance, it follows that potential users of the Convention are in need of guidance as to how to apply it. The primary readers of this book will be: lawyers seeking (or defending against) recognition and enforcement of foreign arbitral awards worldwide, State court judges applying the Convention in recognition proceedings, and in-house lawyers in large and/or multinational enterprises dealing with transnational dispute resolution.
Author: Herbert Kronke
Publisher: Kluwer Law International B.V.
ISBN: 9041123563
Category : Law
Languages : en
Pages : 674
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Book Description
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.
Author: Anton Georg Maurer
Publisher:
ISBN: 9781944825621
Category : Arbitration agreements, Commercial
Languages : en
Pages : 0
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Book Description
"The Public Policy Exception under the New York Convention: History, Interpretation, and Application, Second Edition describes in detail the drafting history of the public policy exception of Article V (2) (b) of the New York Convention and the purpose the signatory states wanted to achieve with this clause. The book explains how this clause is applied by the courts in many economically relevant states, especially in Brazil, Russia, India, and China. Since the release of the first edition in 2013, some countries have enacted new or amended existing arbitration laws, and many new decisions have been released especially by courts in Brazil, China, India, and Russia, which prompted the publication of this second edition. The book is important for internationally active companies as well as for lawyers and courts, as it aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Judgments often will not be enforced abroad, and this is especially true with respect to the enforcement of foreign judgments in the BRIC countries. For this reason, while useful to scholars and students, the Public Policy Exception, Second edition is of particular use to internationally active companies and their advisors as the book provides guidance on whether and where foreign arbitral awards will be more likely to be enforced in their favor abroad."-- from publisher's website.
Author: Carel J. H. Lynden (baron van)
Publisher: Sweet & Maxwell
ISBN: 0414027051
Category : Law
Languages : en
Pages : 347
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Book Description
"One of the first things international practitioners must consider is where to conduct legal proceedings. But the second thought must be whether a judgment or award, or a deed for that matter, is enforceable in the debtor's jurisdiction or the jurisdiction where there are assets. This first edition of Enforcement of Judgments, Awards and Deeds, provides the answer to such questions for a variety of jurisdictions. The New York Convention of 1958 is widely implemented, and therewith provides the basis for recognition of arbitral awards in many countries; where court judgments are concerned, the position is different. This book assists practitioners to make the right choice." -- (Cover)
Author: George A. Bermann
Publisher: Springer
ISBN: 3319509152
Category : Law
Languages : en
Pages : 1096
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Book Description
This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1035302071
Category : Law
Languages : en
Pages : 179
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Book Description
This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.
Author: Charles Platto
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 312
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Book Description
Author: Mostafa Fahim Nia
Publisher: Nova Science Publishers
ISBN: 9781536121445
Category : Law
Languages : en
Pages : 185
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Book Description
This book concentrates on the enforcement of foreign arbitral awards under the New York Convention. It is to be noted that the subject is an immense area which allows for an unlimited amount of analysis and discussion. Therefore, the focus will be directed at those key issues which, in the author's estimation, are most likely to represent the core of recognition and enforcement before the national courts.The importance of this book stems from the importance of arbitration as a peaceful means to settle disputes in the field of international trade. In fact, the effectiveness of international arbitration depends on the question of whether the awards can be enforced against the losing party. Therefore, the enforcement of foreign arbitral awards is considered as a significantly important subject in the field of international commercial arbitration.The main objectives of this book are: to provide a detailed and comprehensive account of how foreign arbitral awards are recognised and enforced; to identify and analyse the main controversies and complexities in the judicial application of the New York Convention; to cast light on unexplored corners and highlight unanticipated problems; and to suggest ways forward for the legal systems in question. This book seeks also to examine the commitment of the countries towards the application of the New York Convention, particularly with regard to the application of Article V in refusing the enforcement of foreign awards.The use of a comparative method in this book will provide more information for understanding the countries' attitudes toward foreign arbitration. This method will provide similarities and differences between the roles of national courts in enforcing foreign arbitral awards, and can be used to deduce the best way to implement the provisions of foreign arbitral awards. It highlights also areas of strengths and weaknesses concerning the law prevailing in each jurisdiction. In this regard, the author would like to state that this is the first comparative study addressing the subject of foreign awards enforcement under the current regimes in almost all countries (common law and civil law countries). Therefore, this book will act as a valuable resource and will enrich the legal library with a contemporary comparative study.
Author: United Nations Publications
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 354
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Book Description
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
