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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."
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."
This title identifies and explores recurring issues of
jurisdiction, procedure, and choice of law entailed in the
resolution of transnational disputes in U.S. courts. It covers the
sources of transnational litigation law in the United States,
personal and subject matter jurisdiction, parallel litigation,
foreign sovereign immunity and the act of state doctrine, choice of
law, extraterritorial discovery, extraterritorial provisional
relief, recognition of foreign judgments, and the role of courts in
connection with international arbitration.
This is a 1st edition of a Nutshell on an exceptionally topical
subject. International Commercial Arbitration is a flourishing
alternative to the litigation of transnational disputes in domestic
courts. Unlike other subjects, it must deal with two interlocking
international dispute resolution regimes: the complex international
arbitral regime itself, together with the important role of courts
in enforcing arbitration agreement, intervening in an ongoing
arbitration, and conducting judicial review of the eventual awards.
This classic casebook presents the governance and judicial
structure of the European Union, together with its major
substantive law fields of concern to students and practitioners,
all as updated by the 2009 Treaty of Lisbon. Part I presents the
history, institutional structure, principal Court constitutional
doctrines, and its basic legal system. Teachers may choose among
the other five parts to tailor their courses to their interests.
Part II presents leading Court precedents and legislation intended
to achieve the common market, later renamed the internal market.
Part III comprehensively covers EU competition law and policy, of
great concern to practitioners. The European Union's external
relations and trade policy is the subject of Part IV, while Part V
presents the impact of free movement of capital and EU banking
regulation, and the Monetary Union. Finally, Part VI presents
several key policy areas-the harmonization of employment law,
anti-discrimination rules, environmental protection, and civil and
commercial litigation rules.
The book discusses the regulatory framework of contingent
protection in the World Trade Organization - antidumping,
countervailing duties, and safeguards - as well as an economic
analysis of these instruments. The book's various chapters
illuminate the basic functioning of all three.
Developing countries comprise the majority of the membership of the
World Trade Organization. Many developing countries believe that
the welfare gains that were supposed to ensue from the
establishment of the WTO and the results of the Uruguay Round
remain largely elusive. Though often aggregated under the
ubiquitous banner developing countries, their multilateral trade
objectives -- like their underlying policy interests and the
concerns -- vary considerably from country to country and are by no
means homogenous. Coming off the heels of the 9/11 terrorist
attacks, the ongoing Doha Development Round, launched in that
Middle Eastern city in the fall of 2001 and now on life support so
to speak, was inaugurated with much fanfare as a means of
addressing the difficulties that developing countries face within
the multilateral trading system. Special and differential treatment
provisions in the WTO agreement in particular are the focus of much
discussion in the ongoing round, and voices for change have been
multiplying, due to widespread dissatisfaction with their
effectiveness, enforceability, and implementation.
This book gathers papers from distinguished experts discussing how
health based trade restrictive measures have fared in WTO case law.
With an analysis of applicable primary law (GATT, TBT, and SPS) and
all case law in the area of trade and health, this book offers a
comprehensive discussion on the standards established for the
regulation of public health and safety issues. Experts in the field
answer two important questions - (1) How can a country which is a
member of the WTO define its policy on health issues? and (2) What
are the WTO constraints on the exercise of health policy, if any?
The various contributions in this volume aim to demonstrate how the
world trading regime has come of age and accepted that trade
liberalization cannot take place at the expense of nationally
defined social values.
This book's principal aim is to critically address the
institutional and substantive legal issues resulting from European
enlargement, chiefly those relating to the legal foundations on
which the enlarged Union is being built. The accession of new
Member States creates the potential for a stronger and more
powerful Europe. Realising this potential, however, will depend on
the ability of the EU to develop functional and effective
governance structures, both at the European level and at the level
of the individual Member States. While the acquis communautaire
will ensure that formal laws in the new Member States will be
aligned with those of existing members, the question remains as to
how effective institutions will be in implementing changes, and
what effects the imposed changes will have on the legitimacy of the
new legal framework. This book, containing the work of leading
scholars in law and social sciences, examines the current and
future legal framework for EU governance, and the role that new
members will - or will not - play in the creation of that
framework, paying particular attention to the specific challenges
membership in the EU poses to the acceding states of Central and
Eastern Europe. It is a book which will contribute to and influence
debates over constitutionalism and legal harmonisation in the EU.
This book offers a comprehensive account of the transatlantic regulatory cooperation phenomenon: its causes and political context in a globalizing economy, its theoretical understanding, its relationship to trade and competition, its implications for democracy, and its likely directions in the future. This book recognizes that, while national authorities are still the principal actors in regulatory fields, regulation is increasingly an international affair.
Developing countries make up the majority of the membership of the
World Trade Organization. Many developing countries believe that
the welfare gains that were supposed to ensue from the
establishment of the WTO and the results of the Uruguay Round
remain largely unachieved. Coming on the heels of the 9/11
terrorist attacks, the ongoing Doha Development Round, launched in
that Middle Eastern city in the fall of 2001, is now on 'life
support'. It was inaugurated with much fanfare as a means of
addressing the difficulties faced by developing countries within
the multilateral trading system. Special and differential treatment
provisions in the WTO agreement in particular are the focus of much
discussion in the ongoing round, and voices for change are
multiplying because of widespread dissatisfaction with the
effectiveness, enforceability, and implementation of those special
treatment provisions.
Developing countries make up the majority of the membership of the
World Trade Organization. Many developing countries believe that
the welfare gains that were supposed to ensue from the
establishment of the WTO and the results of the Uruguay Round
remain largely unachieved. Coming on the heels of the 9/11
terrorist attacks, the ongoing Doha Development Round, launched in
that Middle Eastern city in the fall of 2001, is now on 'life
support'. It was inaugurated with much fanfare as a means of
addressing the difficulties faced by developing countries within
the multilateral trading system. Special and differential treatment
provisions in the WTO agreement in particular are the focus of much
discussion in the ongoing round, and voices for change are
multiplying because of widespread dissatisfaction with the
effectiveness, enforceability, and implementation of those special
treatment provisions.
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