Bibliography

Bibliography
  • Author Title Topic
  • Abby Chohen Smutny and Hansel T. Pham
    Enforcing Foreign Arbitral Awards in the United States: The Non-Arbitrable Subject Matter Defense
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Abhishek M. Singhvi
    Article II(3) of the New York Convention and the Courts
    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
  • Adelino Arantes Neto
    La Convención De Nueva York Y Los Tratados Del Mercosur
    703(A)
  • Ahmed S. EI-Kosheri
    The Enforcement of Awards Nullified in the Country of Origin
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Aida B. Avanessian
    The New York Convention and Denationalised Arbitral Awards (With Emphasis on the Iran-United States Claims Tribunal)
    114

    The court discusses whether awards rendered by the Iran-US Claims Tribunal fall under the Convention.
  • Prof. A.J. Van den Berg
    The Application of the New York Convention by the Courts
  • Prof. A.J. Van den Berg
    Non-domestic arbitral awards under the 1958 New York Convention
    102

    The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
  • Prof. A.J. Van den Berg
    Consolidated Arbitrations, the New York Arbitration Convention and the Dutch Arbitration Act 1986 - A Replique to Mr Jarvin
    225

    Multi-party disputes: The court discusses the consolidation of arbitrations; also, whether the possibility of conflicting awards is a ground for refusing enforcement of an arbitration agreement.
  • Prof. A.J. Van den Berg
    Recent Enforcement Problems under the New York and ICSID Conventions
  • Prof. A.J. Van den Berg
    The New York Convention 1958 and Panama Convention 1975: Redundancy or Compatibility?
    512
  • Prof. A.J. Van den Berg
    La Aplicación De La Convención de Nueva York de 1958 A Laudos No Nacionales
    109

    The court discusses whether an “a-national” award falls under the Convention. 
  • Prof. A.J. Van den Berg
    Striving for uniform interpretation
    001

    The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006. 
  • Prof. A.J. Van den Berg
    Improving the Efficiency of Arbitration Agreements and Awards: 40 Years of Application of the New York Convention
  • Prof. A.J. Van den Berg
    50 Years of the New York Convention
  • Prof. A.J. Van den Berg
    Enforcement of Arbitral Awards Annulled in Russia
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Alexis Mourre
    "May Or Must?" Las Causales De No Reconocimiento De Laudos Previstas En El Articulo V De La Convención De Nueva York, son Ellas Facultativas?
    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
  • Andrea Giardina
    The Practical Application of Multilateral Conventions
    703(A)
  • Andrea Saldarriaga
    El Requisito De Forma Escrita Del Articulo II .2 De La Convención De Nuevayork Y La Doctrina Del Grupo De Sociedades, Están De Más En El Arbitraje Internacional?
    106

    The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • Andreas Reiner
    The Form of the Agent's Power to Sign an Arbitration Agreement and Article II(2) of the New York Convention
    212

    The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

  • Andres Cerisola
    Convención De Nueva York Y Convención De Montevideo De 1979
    703(A)
  • Andrés Jana Linetzky And Johanna Klein Kranenberg
    La Convención De Nueva York Y El Ciadi Reconocimiento Y Ejecución De Laudos Arbitrales Bajo La Convención De Washington
    703(A)
  • Andrew Rogers
    The Enforcement of Awards Nullified in the Country of Origin
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Antonio Aljure Salame
    El Literal C) Del Articulo V De La Convención De Nueva York Del 1o De Junio De 1958
    512
  • Antonio Aljure Salame
    Convención De Nueva York Y Convención De Panamá
    704(A)
  • Anthony C. Sinclair
    The Assignment of Arbitration Agreements
    212

    The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • Arthur Bülow
    Das UN-Übereinkommen über die Anerkennung und Vollstreckung ausländischer Schiedssprüche
  • Audley Sheppard
    Public Policy and the Enforcement of Arbitral Awards: Should there be a Global Standard
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
  • Bernard Hanotiau
    The Law Applic able to Arbitrability
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Bernard Hanotiau
    Complex Arbitrations -Multiparty, MuIticontract, Multi-issue and Class Actions
    225

    Multi-party disputes: The court discusses the consolidation of arbitrations; also, whether the possibility of conflicting awards is a ground for refusing enforcement of an arbitration agreement.
    227

    Multi-party disputes: The court discusses whether related court proceedings may absorb (by vis atractiva) arbitration proceedings.

  • Bernard Hanotiau
    Complex - Multicontract-Multiparty - Arbitrations
    225

    Multi-party disputes: The court discusses the consolidation of arbitrations; also, whether the possibility of conflicting awards is a ground for refusing enforcement of an arbitration agreement.
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • Bernard Hanotiau and Olivier Caprasse
    Public Policy in International Commercial Arbitration
    520

    Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.

    521

    Public policy: The court discusses the consequences of the apparent or actual bias of an arbitrator on the recognition and enforcement of an arbitral award.

    522

    Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.
    523

    Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
  • Bernardo M. Cremades
    Los Convenios De Nueva York Y Ginebra: Reconocimiento Y Ejecución Del Laudo Anulado En La Sede
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Bernardo Sepúlveda-Amor and Merryl Lawry-White
    State Responsibility and the Enforcement of Arbitral Awards
  • Bernhard Berger and Franz Kellerhals (eds.)
    International and Domestic Arbitration in Switzerland, 3rd ed.
  • Böckstiegel / Kröll / Nacimiento (eds.)
    Arbitration in Germany – The Model Law in Practice
  • C. Ignacia Suarez Anzorena
    The Incapacity Defence Under the New York Convention
    505
  • C. Ignacia Suarez Anzorena
    La Defensa De Incapacidad En La Convención De Nueva York
    505
  • Carole Malinvaud
    Reconocimiento Y Ejecución De Laudos Arbitrales Anulados. La Experiencia Francesa
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Carolyn B. Lamm and Jeremy K. Sharpe
    Inoperative Arbitration Agreements under the New York Convention
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
  • Carolyn B. Lamm and Jocelyn A. Aqua
    Defining the Party - Who is a Proper Party in an International Arbitration before the American Arbitration Association and other International Institutions
    106

    The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
  • Christoph Liebscher
    Arbitration of Antitrust Disputes
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Christoph Müller and Sabrina Pearson
    Swiss Case Law in International Arbitration
  • Claus von Wobeser
    La Incorporación Por Referencia
    209
  • Convention of 1958: An Overview
    The New York Convention of 1958: An Overview
  • Cristián Conejero Roos
    Cláusulas Amplias O Cláusulas Detalladas?: Lecciones Y Reflexiones Bajo La Convención De Nueva York
    202

    The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.
  • Dana Freyer
    The Enforcement of Awards Affected by Judicial Orders of Annulment at the Place of Arbitration
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Dana Freyer
    United States Recognition and Enforcement of Annulled Foreign Arbitral Awards - The Aftermath of the Chromalloy Case
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Dana H. Freyer and Hamid G. Gharavi
    Finality and Enforceability of Foreign Arbitral Awards: From "Double Exequatur" to the Enforcement of Annulled Awards: A Suggested Path to Uniformity Amidst Diversity
    514
  • Dana H. Freyer and Rona G. Shamoon
    Limiting And Expanding By Contract U.S. Court Review Of Arbitral Awards
    205

    The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

  • David Arias
    La Anulación Del Laudo En La Sede Y La Anulación Del Laudo Por La Autoridad Cuya Lex Fori Se Aplicó
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • David W. Rivkin
    The Enforcement of Awards Nullified in the Country of Origin: The American Experience
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Dietmar Czernich
    New Yorker Schiedsübereinkommen - UN-Übereinkommen über die Anerkennung und Vollstreckung ausländischer Schiedsprüche
  • Domenico Di Pietro
    What Constitutes an Arbitral Award Under the New York Convention?
    110

    The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
  • Domenico Di Pietro
    Validity of Arbitration Clauses Incorporated by Reference
    209
  • Domenico Di Pietro
    Incorporation of Arbitration Clauses by Reference
    209
  • Dominique T. Hascher
    European Convention on International Commercial Arbitration of 1961- Commentary
    704(C)
  • Donald F. Donovan
    The Public Policy Defense to Recognition and Enforcement of Foreign Arbitral Awards in US Courts
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

    520

    Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.

    521

    Public policy: The court discusses the consequences of the apparent or actual bias of an arbitrator on the recognition and enforcement of an arbitral award.

    522

    Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.
    523

    Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
  • Donald Francis Donovan And Dietmar W. Prager
    El Impacto Del Articulo VII
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Dyalá Jiménez Figueres
    Las Convenciónes Anteriores A La Convención De Nueva York: Discusiones Y Problemas
  • Eduardo Silva Romero
    Laudo Extranjero Y Criterio De Territorialidad
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
  • Eduardo Zuleta
    Qué Es Una Entencia o Laudo Arbitral? El Laudo Parcial, El Laudo Final Y El Laudo Interino
    110

    The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
  • Eduardo Zuleta Jaramillo And Alberto Zuleta Londoño
    Elarticulo VI De La Convención De Nueva York
    601

    The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.
  • Elise P. Wheeless
    Article V(1)(b) of the New York Convention
    509

    Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

  • Elliott Geisinger
    Implementing the New York Convention in Switzerland
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • Emilia Onyema
    Formalities of the Enforcement Procedure (Articles III and IV)
    301

    The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

  • Emilio J. Cárdenas
    Benefits of Membership
  • Emmanuel Gaillard
    The Relationship of the New York Convention with Other Treaties and with Domestic Law
    703

    See ¶¶ 703(A) – 704(B)
  • Emmanuel Gaillard
    The Negative Effect Of Competence-Competence
    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
  • Emmanuel Gaillard
    Enforcement of Awards Set Aside in the Country of Origin: The French Experience
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Emmanuel Gaillard
    Enforcement of a Nullified Foreign Award
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Emmanuel Gaillard and Yas Banifatemi
    Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators
    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
  • Emmanuel Gaillard and Domenico Di Pietro (eds.)
    Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice
  • Emmanuel Gaillard and John Savage (eds.)
    Fouchard Gaillard Goldman On International Commercial Arbitration
  • Eric A. Schwartz
    Choosing Between Broad Clauses and Detailed Blueprints
    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
  • Eugenio Minoli
    The New York Convention on the Recognition and Enforcement of Foreign Awards
  • F. A. Mann
    Where is an Award "made"?
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
  • F. A. Mann
    Lex Facit Arbitrum
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
  • F. A. Mann
    An "Agreement in Writing" to Arbitrate
    203
  • Fali S. Nariman
    The Convention's contribution to the globalization of international commercial arbitration
  • Fernando Aguilar
    Convención De Nueva York: Cincuenta ânos
    401

    The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
  • Fernando Mantilla-Serrano
    Laudo No Nacional. La Segunda Hipótesis Del Articulo I.1
    102

    The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
  • Francisco González De Cossio
    Validez Del Acuerdo Arbitral Bajo La Convención De Nueva York: Un Ejercicio Conflictual
    506

    Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
  • François Dessemontet
    Arbitration of Intellectual Property Rights and Licensing Contracts
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Frank-Bernd Weigand and Antje Baumann
    Practitioner’s Handbook on International Commercial Arbitration
  • Franz Matscher
    Experience with Bilateral Treaties
    703

    See ¶¶ 703(A) – 704(B)
  • G. W. Haight
    Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Summary Analysis of Record of United Nations Conference, May /June 1958
  • G. W. Haight
    Report on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Gary Born
    International Commercial Arbitration
  • Gary Sampliner
    Enforcement of Foreign Arbitral Awards after Annulment in their Country of Origin
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Gerald Aksen
    American Arbitration Accession Arrives in the Age of Aquarius, United States Implements United Nations Convention on the Recognition Enforcement of Foreign Arbitral Awards
  • Gerold Hermann
    Improving the implementation: a progress report on the joint UNCITRAL/IBA project
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • Gerold Hermann
    The 1958 New York Convention: Its Objectives and Its Future
  • Gilberta Giusti and Marcelo Barradas
    La Taxatividad De Los Supuestos Que Obstan El Reconocimiento Y La Ejecución De Las Sentencias Arbitrales Extranjeras Y La Carga De La Prueba Invertida: Factores Que Convierten Al Articulo V En Un Triunfo De La Convención De Nueva York
    501

    The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

    503

    The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
  • Giorgio Bernini and Albert Jan van den Berg
    The Enforcement of Arbitral Awards against a State: the Problem of Immunity from Execution
    105

    The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
  • Guido Santiago Tawil
    Historia De La Convención De Nueva York
  • Guido Santiago Tawil
    Reconocimiento Y Ejecución De Sentencias Arbitrales. Concepto Y Diferencias
    301

    The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

  • Guillermo Aguilar Alvarez
    Article II(2) of the New York Convention and the Courts
    203
  • Guillermo Aguilar Alvarez and Santiago Montt
    El Derecho Aplicable Al Acuerdo Arbitral
    203
    221

    The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
  • Gustavo Parodi
    Articulo V.1.D: El Procedimiento Arbitral: Acuerdo De Las Partes V. Lex Fori. Puede El Juez De Reconocimiento Pronunciarse Sobre La Validez Del Procedimiento Arbitral Regido Por Una Ley Diferente De La Suya?
    512
  • Hamid G. Gharavi
    Chromalloy: Another View
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Hamid G. Gharavi
    A Nightmare Called Hilmarton
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Hazel Fox
    State Immunity and the New York Convention
    105

    The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
  • Henri Alvarez
    Articulo V(2)(A) De La Convención De Nueva York. La Arbitrabilidad Como Criterio Para Negar El Reconocimiento Y La Ejecución
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Henri Alvarez
    The Implementation of the New York Convention in Canada
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • Herman Verbist
    Challenges on Grounds of Due Process Pursuant to Article V(1)(b) of the New York Convention
    508
  • Homayoon Arfazadeh
    Arbitrability under the New York Convention: The Lex Fori Revisited
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • International Chamber of Commerce
    Enforcement of International Arbitral Awards. Report and Preliminary Draft Convention
  • International Chamber of Commerce
    International Commercial Arbitration and the Convention of New York
  • International Council for Commercial Arbitration
    ICCA’s Guide to the Interpretation of the 1958 New York Convention: A Handbook for Judges
  • Jan H. Dalhuisen
    The Arbitrability of Competition Issues
    704(C)
  • Jan Paulsson
    Towards Minimum Standards of Enforcement: Feasibility of a Model Law
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Jan Paulsson
    The New York Convention in International Practice - Problems of Assimilation
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • Jan Paulsson
    May or Must Under the New York Convention: An Exercise in Syntax and Linguistics
    500

    The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
  • Jan Paulsson
    Enforcing arbitral awards notwithstanding a local standard annulment (LSA)
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Jan Paulsson
    El Orden Público Como Criterio Para Negar El Reconocimiento Y La Ejecución De Laudos Arbitrales
    520

    Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.

    521

    Public policy: The court discusses the consequences of the apparent or actual bias of an arbitrator on the recognition and enforcement of an arbitral award.

    522

    Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.
    523

    Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
  • Jan Paulsson
    Awards set asideat the place of arbitration
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Javier Rosalino Orellana and Juan Manuel Marchan
    Acuerdo Nulo, Ineficaz O Inaplicable (Las Cláusulas Patólogicas). El articulo II(3) De La Convención Sobre El Reconocimiento Y La Ejecución De Las Sentencias Arbitrales Extranjeras
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
  • Javier Rosalino Orellana and Juan Manuel Marchan
    Acuerdo Nulo, Ineficaz O Inaplicable (Las Cláusulas Patólogicas). El articulo II(3) De La Convención Sobre El Reconocimiento Y La Ejecución De Las Sentencias Arbitrales Extranjeras
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
  • Javier Rubinstein and Georgina Fabian
    The Territorial Scope of the New York Convention and Its Implementation in Common and Civil Law Countries
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • Jean Robert
    La Convention de New York du 10 juin 1958 pour la reconnaissance et l'exécution des sentences arbitrales étrangères
  • Jean-Louis Delvolvé
    Final Report on Multi-Party Arbitrations
    225

    Multi-party disputes: The court discusses the consolidation of arbitrations; also, whether the possibility of conflicting awards is a ground for refusing enforcement of an arbitration agreement.
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • Jean-Louis Delvolvé
    Third parties and the arbitration agreement
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • John Bowman
    The Panama Convention and its Implementation Under the Federal Arbitration Act
    704(A)
  • John McMahon
    Implementation of the United Nations Convention on Foreign Arbitral Awards in the United States
    113

    The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.
  • José Antonio Cainzos Fernández
    La Indebida Notificación De La Designación Del A.Rbitro O Del Procedimiento Arbitral
    509

    Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

  • José Maria Abascal
    Anulación De Laudos Y Sus Efectos
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • José Maria Alonso
    El Derecho De Defensa
    511

    Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

  • Juan Fernández-Armesto
    Articulo II.3: La Remisión De Las Partes Al Arbitraje
    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
  • Julian D.M. Lew
    The Law Applicable to the Form and Substance of the Arbitration Clause
    203
  • Julio Cesar Rivera
    Las Normas De Procedimiento Locales Y La Convención. Remisión Al Procedimiento Vigente Y Sus Posibles Contradicciones Con La Convención
    301

    The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

  • Kaplan
    Is the Need for Writing as Expressed in the New York Convention and the Model Law Out of Step with Commercial Practice?
    203
  • Karl-Heinz Bock stiegel
    Public Policy and Arbitrability
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Katherine González Arrocha
    Intención De Las Partes Con La Convención De Nueva York. Principales Temas Y Discusiones Que Llevaron A Su Nacimiento
  • Kenneth R. Davis
    Unconventional Wisdom: A New Look at Articles V and VII of the Convention on the Recognition and nforcement of Foreign Arbitral Awards
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Klaus Sachs
    The Enforcement of Awards Nullified in the Country of Origin : The German Perspective
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Koral, R.
    New York Conference of the United Nations and the Convention of June 1958
  • L. Yves Fortier
    The Minimum Requirements of Due Process in Taking Measures Against Dilatory Tactics: Arbitral Discretion in International Commercial Arbitration - "A Few Plain Rules and a Few Strong Instincts"
    508
  • Leonard Quigley
    Accession by the United States to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Leonard Quigley
    Convention on Foreign Arbitral Awards
  • Lucy F. Reed
    Experience of Practical Problems of Enforcement
    301

    The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

  • Lucy F. Reed and James Freda
    Narrow Exceptions: A review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention.
    508
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

  • Luis Alfredo Araque Benzo
    El Principio De Favorabilidad Delarbitraje
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Luis Enrique Graham Tapia
    Qué Es Acuerdo Por Escrito?(Art. II.2 de La Convención De Nueva York)
    203
  • Marc Blessing
    The Law Applicable to the Arbitration Clause and Arbitrability
    203
    221

    The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
    506

    Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
  • Marc Blessing
    Arbitrating Antitrust and Merger Control Issues,
    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
    704(C)
  • Marc J. Goldstein
    Interpreting the New York Convention - When should an interlocutory arbitral"order" be treated as an "award"?
    110

    The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
  • Marc Lalonde
    The Evolving Definition of Arbitration and Arbitrability
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Martin Platte
    Multi-Party Arbitration: Legal Issues Arising out of Joinder and Consolidation
    225

    Multi-party disputes: The court discusses the consolidation of arbitrations; also, whether the possibility of conflicting awards is a ground for refusing enforcement of an arbitration agreement.
  • Mathias Scherer
    Three Recent Decisions of the Swiss Federal Tribunal Regarding Assignments and Transfer of Arbitration Agreements
    212

    The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

  • Matthieu de Boisséson
    Enforcement in Action: Harmonization Versus Unification
    701

    More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

  • Mercédeh Azeredo da Silveira and Laurent Lévy
    Transgression of the Arbitrators' Authority: Article V(1)(c) of the New York Convention
    512
  • Michael J. Bowman
    The Multilateral Treaty Amendment Process - A Case Study
  • Michael Pryles
    Reservations Available to Member States: The Reciprocal and Commercial Reservations
    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
    107

    The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
  • Neil Kaplan
    Is the Need for Writing as Expressed in the New York Convention and the Model Law Out of Step with Commercial Practice?'
    203
  • Neil Kaplan
    New developments on written form
    203
  • Nigel Blackaby
    Arbitrabilidad De Diferencias No Contractuales
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Nigel Blackaby and Constantine Partasides with Alan Redfern and Martin Hunter
    Redfern and Hunter on International Arbitration, 5th ed.
  • Noah Rubins
    Group of Companies Doctrine and the New York Convention
    106

    The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
  • Otto Sandrock
    Extension of Intra-Group Arbitration Agreements to New Non-Signatory Members
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
  • Ottoarndt Glossner
    The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards - Some Thoughts after 3o Years - 1958-1988
  • Ottoarndt Glossner
    From New York (1958) to Geneva (1961)- a veteran's diary
  • Paolo Contini
    International Commercial Arbitration - The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Paolo Di Rosa
    La Ley Aplicable A La Arbitrabilidad En Procedimientos Judiciales Regidos Por El Artículo II De La Convención De Nueva York
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Paul D. Friedland
    U.S. Courts' Misapplication Of The "Agreement In Writing" Requirement For Enforcement Of An Arbitration Award Under The New York Convention
    504
  • Paul Friedland and Judith Levine
    Reconocimiento Y Ejecución De Los Laudos Arbitrales Nulos. La Experiencia En Los Estados Unidos De Nortéamerica
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
  • Piero Bernardini
    Arbitration Clauses: Achieving Effectiveness in the Law Applicable to the Arbitration Clause
    203
  • Piero Bernardini
    The Problem of Arbitrability in General
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
    519

    Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

  • Piero Bernardini
    Sentenze Arbitrali e Convenzione di New York
    108

    The court discusses whether procedures akin to arbitration fall under the Convention.
    110

    The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
  • Pierre Jean Pointet
    La Convention de New York sur l'exécution des sentences arbitrales étrangères
  • Pierre Lalive
    Transnational (or Truly International) Public Policy and International Arbitration
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

  • Pierre Lalive
    Transnational (or Truly International) Public Policy and International Arbitration
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

  • Pierre Mayer
    The Limits of Severability of the Arbitration Clause
    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
  • Pierre Mayer
    Recommandations de l'Association de droit international sur le recours à l'ordre public en tant que motif de refus de reconnaissance ou d'exécution des sentences arbitrales internationales
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
  • Pieter Sanders
    The Making of the Convention
  • Pieter Sanders
    The New York Convention