New York Convention
Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958
Zusammenfassung
The New York Convention has celebrated its 60th anniversary in 2018. It has become the most successful (and most important) treaty in the field of international trade law and one of the cornerstones of international arbitration. The specific challenge that comes with the Convention’s global importance is ensuring that it is uniformly interpreted and applied in its roughly 160 Contracting States, especially since no single court has the power to authoritatively determine the proper understanding of the Convention. This commentary makes accessible the wealth of global case law and scholarly writing and provides a comprehensive in-depth discussion of the Convention’s sixteen articles. It contributes to the Convention’s uniform interpretation by outlining the contemporary global discourse surrounding each element of the Convention and providing the expert opinions of the authors. Its first edition has not only become a respected point of reference for legal professionals and academics, but has also been drawn upon by courts around the world.
Praises for the 1st edition:
‘It is masterfully done. … In my own future work as a professor, it is unlikely that I will ever teach or write anything about the Convention without first reviewing the relevant sections of the Commentary.’
Margaret L. Moses, Loyola University, 109 Am. J. Int‘l L. 242 (2015)
‘The present commentary is a most useful tool for all practitioners as well as for courts and academics. It definitely belongs into the library of all professionals …’
Georg von Segesser, in 31(1) ASA Bulletin 230 (2013)
‘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…’
Dennis Solomon, in: European Yearbook of Int. Economic Law 2014, 455
Dr Reinmar Wolff is an assistant professor at the University of Marburg and a practicing lawyer as well as an experienced arbitrator. The authors are specialists in arbitration and related matters.
Authors: Prof Dr Christian Borris LL.M., Cologne; Dr Bernd Ehle, LL.M., Geneva; Todd J. Fox, LL.M., Stuttgart; Rudolf Hennecke, Cologne; Dr Angela Kölbl, Erlangen; Dr Christoph Liebscher, Vienna; Dr David Quinke, LL.M., Düsseldorf; Prof Dr Maxi Scherer, London; Dr Stephan Wilske, LL.M., Stuttgart; Dr Reinmar Wolff, Marburg.
Abstract
The New York Convention has celebrated its 60th anniversary in 2018. It has become the most successful (and most important) treaty in the field of international trade law and one of the cornerstones of international arbitration. The specific challenge that comes with the Convention’s global importance is ensuring that it is uniformly interpreted and applied in its roughly 160 Contracting States, especially since no single court has the power to authoritatively determine the proper understanding of the Convention. This commentary makes accessible the wealth of global case law and scholarly writing and provides a comprehensive in-depth discussion of the Convention’s sixteen articles. It contributes to the Convention’s uniform interpretation by outlining the contemporary global discourse surrounding each element of the Convention and providing the expert opinions of the authors. Its first edition has not only become a respected point of reference for legal professionals and academics, but has also been drawn upon by courts around the world.
Praises for the 1st edition:
‘It is masterfully done. … In my own future work as a professor, it is unlikely that I will ever teach or write anything about the Convention without first reviewing the relevant sections of the Commentary.’
Margaret L. Moses, Loyola University, 109 Am. J. Int‘l L. 242 (2015)
‘The present commentary is a most useful tool for all practitioners as well as for courts and academics. It definitely belongs into the library of all professionals …’
Georg von Segesser, in 31(1) ASA Bulletin 230 (2013)
‘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…’
Dennis Solomon, in: European Yearbook of Int. Economic Law 2014, 455
Dr Reinmar Wolff is an assistant professor at the University of Marburg and a practicing lawyer as well as an experienced arbitrator. The authors are specialists in arbitration and related matters.
Authors: Prof Dr Christian Borris LL.M., Cologne; Dr Bernd Ehle, LL.M., Geneva; Todd J. Fox, LL.M., Stuttgart; Rudolf Hennecke, Cologne; Dr Angela Kölbl, Erlangen; Dr Christoph Liebscher, Vienna; Dr David Quinke, LL.M., Düsseldorf; Prof Dr Maxi Scherer, London; Dr Stephan Wilske, LL.M., Stuttgart; Dr Reinmar Wolff, Marburg.
- Kapitel Ausklappen | EinklappenSeiten
- I–XXIV Titelei/Inhaltsverzeichnis I–XXIV
- 1–24 Preliminary Remarks (Liebscher) 1–24
- 25–82 Article I. [Scope of Application] (Ehle) 25–82
- 83–198 Article II. [Recognition of Arbitration Agreements] 83–198
- Article II(1), (2) (Wolff)
- Article II(3) (Wilske/Fox)
- 199–212 Article III. [Recognition and Enforcement of Arbitral Awards; General Rule] (Scherer) 199–212
- 213–230 Article IV. [Formal Requirements for Recognition and Enforcement of Arbitral Awards] (Scherer) 213–230
- 231–462 Article V. [Grounds for Refusal of Recognition and Enforcement of Arbitral Awards] 231–462
- 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)
- 463–472 Article VI. [Adjournment; Security] (Liebscher) 463–472
- 473–514 Article VII. [Other Enforcement Regimes] (Quinke) 473–514
- 515–520 Article VIII. [Signing and Ratifying the Convention] (Kölbl) 515–520
- 521–526 Article IX. [Accession] (Kölbl) 521–526
- 527–540 Article X. [Extension to Other Territories] (Kölbl) 527–540
- 541–544 Article XI. [Federal or Non-Unitary States] (Kölbl) 541–544
- 545–548 Article XII. [Coming into Force] (Kölbl) 545–548
- 549–554 Article XIII. [Denunciation] (Kölbl) 549–554
- 555–558 Article XIV. [Avail Against Other Contracting States] (Kölbl) 555–558
- 559–562 Article XV. [Notifications] (Kölbl) 559–562
- 563–566 Article XVI. [Official Languages; Transmission of Copies] (Kölbl) 563–566
- 567–632 Annexes 567–632
- I. Text of the New York Convention in Authentic Languages
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- Convention pour la reconnaissance et l’exécution des sentences arbitrales étrangères
- Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras
- 承认及执行外国公断裁决公约
- Конвенция о признании и приведении в исполнение иностранных арбитражных решений
- II. Status of the New York Convention (Contracting States, Dates, Reservations and Declarations)
- III. UNCITRAL Recommendation
- IV. Travaux Préparatoires
- 1. New York Convention
- 2. UNCITRAL Recommendation
- V. Complementing Conventions
- 1. Geneva Protocol
- 2. Geneva Convention
- 3. European Convention
- 4. Panama Convention
- 633–700 Table of Cases and Awards 633–700
- 701–722 Index 701–722