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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 Istvan
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 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 Istvan
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 concept of the One Belt One Road initiative (OBOR) was raised
by the President of the People's Republic of China in October 2013.
The OBOR comprises the 'Silk Road Economic Belt' and the '21st
Century Maritime Silk Road', encompassing over 60 countries from
Asia to Europe via Southeast Asia, South Asia, Central Asia, West
Asia, and the Middle East. The overall objective of the OBOR is to
encourage the economic prosperity of the countries along the Belt
and Road and regional economic cooperation, encourage mutual
learning between different civilizations, and promoting peace and
development. However, countries along the Belt and Road routes of
the OBOR project have diverse laws and legal systems. It is not
difficult to envisage problems relating to harmonisation of laws
and rules in trade between countries along the OBOR routes or
otherwise. These problems can potentially cut through the core of
the very objective of the OBOR itself. Integration in China's One
Belt One Road Initiative explores possible challenges to the
success of the OBOR arising from the situational interface of
diversity of laws, with the focus primarily on issues associated
with private international law. It shows the latest state of
knowledge on the topic and will be of interest to researchers,
academics, policymakers, and students interested in private
international law issues pertaining to the OBOR routes as well as
private international law in general, Asian studies, and the
politics of international trade.
This book shows how, with the increasing interaction between
jurisdictions spearheaded by globalization, it is gradually
becoming impossible to confine transactions to a single
jurisdiction. Presented in the form of a compendium of essays by
eminent academics and practitioners in the field, it provides a
detailed overview of private, international law practice in South
Asian nations, addressing contemporary discourse within this
knowledge domain. Conflict of laws/private international law arises
from the universal acknowledgment that it is difficult to govern
human transactions solely by the local law. The research presented
addresses the three major threads of private international law -
jurisdiction, choice of law and enforcement - within each of the
South Asian countries in the areas of family law and commercial
law. The research in family law domain includes traditional areas
such as marriage, divorce and maintenance, as well as some of the
contemporary concerns in this region - inter-country child
retrieval, surrogacy, and the country statement on accession to the
Hague Conventions related to this domain. In commercial law the
research explores the concerns raised with regard to choice of law
issues in transnational contracts, and also enforcement of foreign
judgment/arbitral awards in the nations of this region.
This book shows how, with the increasing interaction between
jurisdictions spearheaded by globalization, it is gradually
becoming impossible to confine transactions to a single
jurisdiction. Presented in the form of a compendium of essays by
eminent academics and practitioners in the field, it provides a
detailed overview of private, international law practice in South
Asian nations, addressing contemporary discourse within this
knowledge domain. Conflict of laws/private international law arises
from the universal acknowledgment that it is difficult to govern
human transactions solely by the local law. The research presented
addresses the three major threads of private international law -
jurisdiction, choice of law and enforcement - within each of the
South Asian countries in the areas of family law and commercial
law. The research in family law domain includes traditional areas
such as marriage, divorce and maintenance, as well as some of the
contemporary concerns in this region - inter-country child
retrieval, surrogacy, and the country statement on accession to the
Hague Conventions related to this domain. In commercial law the
research explores the concerns raised with regard to choice of law
issues in transnational contracts, and also enforcement of foreign
judgment/arbitral awards in the nations of this region.
The concept of the One Belt One Road initiative (OBOR) was raised
by the President of the People's Republic of China in October 2013.
The OBOR comprises the 'Silk Road Economic Belt' and the '21st
Century Maritime Silk Road', encompassing over 60 countries from
Asia to Europe via Southeast Asia, South Asia, Central Asia, West
Asia, and the Middle East. The overall objective of the OBOR is to
encourage the economic prosperity of the countries along the Belt
and Road and regional economic cooperation, encourage mutual
learning between different civilizations, and promoting peace and
development. However, countries along the Belt and Road routes of
the OBOR project have diverse laws and legal systems. It is not
difficult to envisage problems relating to harmonisation of laws
and rules in trade between countries along the OBOR routes or
otherwise. These problems can potentially cut through the core of
the very objective of the OBOR itself. Integration in China's One
Belt One Road Initiative explores possible challenges to the
success of the OBOR arising from the situational interface of
diversity of laws, with the focus primarily on issues associated
with private international law. It shows the latest state of
knowledge on the topic and will be of interest to researchers,
academics, policymakers, and students interested in private
international law issues pertaining to the OBOR routes as well as
private international law in general, Asian studies, and the
politics of international trade.
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