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Autonomous Versus Domestic Concepts under the New York Convention

Edited by: Franco Ferrari, Friedrich Rosenfeld

ISBN13: 9789403531731
Published: March 2021
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £173.00

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Autonomous Versus Domestic Concepts under the New York Convention is a unique book that examines the New York Convention intending to identify the boundaries between autonomous and domestic concepts. The 1958 New York Convention is universally acclaimed as one of the essential instruments of international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. A diverse group of distinguished scholars, including some of the world’s leading voices on arbitration, have provided insightful contributions for this book which are sure to significantly add to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States.

What’s in this book:

With extensive reference to case law from major arbitration hubs, this remarkable book sets out the methodology required to interpret the Convention as an instrument of uniform law. It applies this methodology to certain key concepts which include the following:

  • the role of private international law under the Convention
  • notions of arbitrability and arbitral award
  • procedures for the enforcement of awards
  • nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a)
  • the incapacity defence under Article V(1)(a)
  • deviations from the procedure
  • autonomous boundaries as to what falls under the issue of scope, and
  • public policy under the Convention

How this will help you:

This one-of-a-kind book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

Arbitration and Alternative Dispute Resolution
CHAPTER 1. The New York Convention as an Instrument of International Law
August Reinisch
CHAPTER 2. Uniform Interpretation: What Is Being Done?
Filip de Ly
CHAPTER 3. The Notion of ‘Arbitral Award’
Cristina M. Mariottini & Burkhard Hess
CHAPTER 4. Procedures for the Enforcement of New York Convention Awards
George A. Bermann
CHAPTER 5. Four Roads Diverged in a Wood: Exploring the Various Interpretations of Article III of the 1958 New York Convention
Lucas Siyang Lim
CHAPTER 6. The Formal Requirements for Enforcing an Arbitral Award under the 1958 New York Convention, Between Autonomous Interpretation and References to Domestic Legal Systems
Fabrizio Marongiu Buonaiuti
CHAPTER 7. Nullity, Invalidity, the Conflict of Laws and Articles II(3) and V(1)(A) of the New York Convention
Lawrence Collins
CHAPTER 8. The Incapacity Defense under Article V(1)(a) of the New York Convention
Francesca Ragno
CHAPTER 9. Matters beyond the Scope of the Submission to Arbitration
Alan Scott Rau
CHAPTER 10. The “Scope” of the Submission to Arbitration
Dennis Solomon
CHAPTER 11. The Interplay of Autonomous Concepts and Municipal Law under Article V(1)(d) of the New York Convention
Franco Ferrari & Friedrich Rosenfeld
CHAPTER 12. Autonomous Arbitrability? Whose Autonomy? Whose Arbitrability?
Winnie Jo-Mei Ma & Lawrence Boo
CHAPTER 13. The Concept of Public Policy under the 1958 New York Convention: An Autonomous Interpretation?
Andrea Bonomi

Series: International Arbitration Law Library

The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
Published March 2021
Kluwer Law International
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print
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