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George A. Bermann

    Recognition and Enforcement of Foreign Arbitral Awards
    • 2018

      Recognition and Enforcement of Foreign Arbitral Awards

      The Interpretation and Application of the New York Convention by National Courts

      • 1116pages
      • 40 heures de lecture

      This book examines the interpretation and application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as The New York Convention, across various jurisdictions, including key international arbitration centers. It begins with a general report that synthesizes national responses to critical issues regarding the Convention’s implementation. This is followed by national reports organized according to a common questionnaire addressing essential aspects such as the Convention's implementation in national legal systems, local court enforcement of arbitration agreements, and the recognition and enforcement of foreign awards. Each report concludes with an assessment of the Convention's application within the respective jurisdiction and recommendations for reform. The Convention aims to facilitate the international arbitral system by ensuring that awards are recognizable and enforceable across borders, while also binding signatory states to uphold arbitration agreements. Its effectiveness relies heavily on national actors, particularly courts, which may need to implement statutory changes based on prevailing views of international law. The book provides practitioners and scholars with a comprehensive understanding of the Convention's application in various legal systems, enhancing their appreciation of its practical implications.

      Recognition and Enforcement of Foreign Arbitral Awards