IV Trust Arbitration as a Matter of International Law, 20 International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention

2016 ◽  
Author(s):  
Moses Margaret L
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
State Party ◽  
Arbitration Clause ◽  
Legal Relationship ◽  
Recognition And Enforcement ◽  
The Subject ◽  
United Nations Convention ◽  
New York Convention

This chapter considers whether an arbitration clause that requires all disputes arising out of a trust instrument to be arbitrated can be enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, more commonly known as the New York Convention. To address the question of whether a mandatory arbitration provision in a trust instrument falls within the scope of the Convention, a court must consider: whether the dispute is capable of settlement by arbitration; whether there is an agreement in writing to arbitrate the subject of the dispute and whether that agreement binds all the parties to arbitration; whether the dispute is foreign; in some cases, whether the agreement arises out of a legal relationship, contractual or not, which is considered ‘commercial’; and (v) in some cases, whether the agreement provides for arbitration in the territory of a state party to the convention (Contracting State).

scholarly journals Peacekeeping Forces, Jurisdiction and Immunity: A Tribute to George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 77 ◽  
Author(s):  
Roger S Clark
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Forces ◽  
State Practice ◽  
Peacekeeping Forces ◽  
The Subject ◽  
The United Nations ◽  
Phd Thesis

George Barton wrote his PhD thesis at Cambridge on "Jurisdiction over Visiting Forces". He published three spinoffs from the thesis in the British Yearbook of International Law.  In all of these – each a tour de force in examining elusive and arcane State practice – he was at great pains to deny various supposed customary rules recognising immunity of foreign armed forces in the courts of a State in which they were visiting by consent. He worked in the United Nations Secretariat in New York just as the practice of United Nations peacekeeping began to develop. In this tribute, I try to imagine that he returned to the subject some 60 years later. Affecting, as best I can, the style of Dr Barton circa 1950, I offer some guesses as to how he might assess six decades of developments in law and practice in the multilateral context in which the United Nations, and especially the Secretariat and the Security Council, have been major actors.

scholarly journals Recognition and Enforcement of Annulled Foreign Arbitral Awards in the Country of Origin under the 1958 New York Convention: the US and French Approaches

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 147-154
Author(s):  
Yunus Emre Ay
Keyword(s):  
New York ◽  
Subject Matter ◽  
Country Of Origin ◽  
Relevant Article ◽  
National Courts ◽  
The Us ◽  
Recognition And Enforcement ◽  
The Subject ◽  
New York Convention

The recognition and enforcement of annulled foreign arbitral awards in the country of origin under the 1958 New York Convention is subject to doctrinal discussions. A relevant article of the1958 New York Convention become the subject matter of many cases in some large economies. These cases and doctrinal views are very important for other countries that did not host such a case before their national courts. Therefore, the purpose of this paper is to analyse the relevant article of the 1958 New York Convention and compare delocalization and territorial theories.

I. The 20th Session Of The Hague Conference: A New Choice Of Court Convention And The Issue Of Ec Memebership

2006 ◽  
Vol 55 (2) ◽  
pp. 447-456 ◽  
Author(s):  
Thalia Kruger
Keyword(s):  
New York ◽  
Hague Convention ◽  
Arbitration Clause ◽  
Recognition And Enforcement ◽  
The Hague ◽  
New York Convention ◽  
20Th Session ◽  
The Hague Convention

On 30 June 2005 a Convention to respect choice of court agreements was finally born. The Hague Convention on Choice of Court Agreements aspires to be parallel to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (‘New York Convention’). The exception is that if an equally broadly accepted convention exists with respect to choice of court agreements,1 business parties will have an alternative to choosing arbitration in their contracts. If they have the assurance that a judgement will be recognized and enforced in a large number of States, some might be more inclined to insert a choice of court clause instead of an arbitration clause. This assumption has been confirmed by ICC research.2

IV Trust Arbitration as a Matter of International Law, 21 Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York Convention

2016 ◽  
Author(s):  
Ganz Sarah
Keyword(s):  
Public Policy ◽  
New York ◽  
International Law ◽  
Domestic Court ◽  
Recognition And Enforcement ◽  
New York Convention

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the New York Convention (Convention), makes the enforcement of foreign arbitral awards in Contracting States generally much easier than the enforcement of foreign judgments by, inter alia, imposing a presumptive obligation to enforce arbitral awards subject to only a limited number of grounds on which enforcement may be refused. This chapter looks at the different grounds that allow a domestic court to refuse enforcement under the Convention and analyzes the problems that a party trying to enforce a trust award could potentially face. It begins by examining the scope of the Convention under Article I(3), focusing on whether a trust can be characterised as being ‘commercial in nature’. It then considers the grounds for refusal of enforcement under Article V(1) of the Convention, focusing on issues of invalidity (such as consent and form requirements) and incapacity as well as lack of proper notice and representation. Lastly, the chapter examines whether the doctrines of non-arbitrability and public policy, as applied in the place of enforcement, may render an award unenforceable under Article V(2) of the Convention.

Enforcement of Arbitral Awards Against States - a Risk to Peaceful Relations?

2021 ◽  
Vol 10 (10) ◽  
pp. 87-96
Author(s):  
Michał Karolak
Keyword(s):  
New York ◽  
International Law ◽  
Sovereign Immunity ◽  
International Commerce ◽  
Customary International Law ◽  
Trade Relations ◽  
Domestic Courts ◽  
Recognition And Enforcement ◽  
New York Convention ◽  
International Instruments

The aim of this paper is to present and critically appraise the norms of international law relating to the enforcement of arbitral awards against States. It canvasses the main international instruments governing the recognition and enforcement of foreign arbitral awards (notably the New York Convention). It then elucidates the doctrine of sovereign immunity in customary international law – and an attempt to codify it – as a hurdle to enforcement of such awards in domestic courts. The analysis investigates whether the doctrine acts as a safeguard against jeopardizing peaceful relations between States while promoting international commerce, foreign direct investment and trade relations between State and foreign non-State actors. Diplomatic protection is examined as an alternative to international and national adjudication

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