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New York Convention

In a world characterised on the one hand by globalised 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 10 June 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 labelled 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). The 16 articles of the Convention are dealt with article-by-article, 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.
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Table of Contents

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] (Koelbl) Article IX [Accession] (Koelbl) Article X [Extension to Other Territories] (Koelbl) Article XI [Federal or Non-Unitary States] (Koelbl) Article XII [Coming into Force] (Koelbl) Article XIII [Denunciation] (Koelbl) Article XIV [Avail Against Other Contracting States] (Koelbl) Article XV [Notifications] (Koelbl) Article XVI [Official Languages; Transmission of Copies] (Koelbl) 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

About the Author

Reinmar Wolff is an experienced arbitrator and Assistant Professor at the University of Marburg. The contributing authors are specialists in arbitration and related matters.


This commentary is an important in-put into the field of arbitration, because only a uniform interpretation of the provisions of the convention gives an adequate answer to whether there are grounds to refuse enforcement and recognition of a particular award... a great asset to students and young professionals involved in the field of international commercial arbitration and dealing with recognition and enforcement of foreign arbitral awards. -- Yaroslava Sorokhtey * Association for International Arbitration Newsletter, 'In Touch' * With this new commentary,...both practitioners and academics alike are now provided with an up-to-date, comprehensive and reliable analysis of the legal issues involved in recognizing and enforcing arbitral awards under the New York Convention...Reviewing the problems I encountered with the New York Convention during the last years, I have not found one where this commentary would not have been helpful in providing a well-argued proposal for its solution or at least valuable references to case law or other important and valuable up-to-date work of reference, which is indispensable for anyone having to deal with the Convention on more than a superficial level. -- Dennis Solomon * European Yearbook of International Economic Law 2014 * ...a most impressive, useful, and authoritative work. All of the chapters in the Commentary provide detailed and clear explanations of issues arising in respect to both legal and practical issues under the Convention. -- Margaret L Moses * The American Journal of International Law * Overall, (...) it serves as a good introduction to the NYC. -- Aniruddha Rajput * Indian journal of international Law * It definitely belongs into the library of all professionals who deal with international arbitration and the recognition and enforcement of arbitral awards. -- Georg Von Segesser * Association Suisse de l'Arbitrage Bulletin * It definitely belongs into the library of all professionals who deal with international arbitration and the recognition and enforcement of arbitral awards. -- Nigel Blackaby * Dispute Resolution International * The New York Convention: A Commentary is a welcome addition to the arbitration practitioner's library. It is thoroughly researched, well written, and sensibly organized, a superb and much-needed addition to the field. -- Doak Bishop and Sara McBrearty * Arbitration International * It deserves a place not only on the bookshelves of the libraries of law firms and universities, but also on the desk of every international arbitration practitioner as the reference book of choice. -- Volker Triebel * Arbitration *

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