60 Years of the New York Convention

Name: 60 Years of the New York Convention | Key Issues and Future Challenges
Brand: Kluwer Law International
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Key Issues and Future Challenges

Katia Fach Gomez(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 22. März 2019

576 Seiten

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Beschreibung

Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention's 60th anniversary, provides a fully updated analysis of the Convention's application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book's 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: - Multi-tiered dispute resolution clauses.
- Applicability of the UN Convention on the Use of Electronic Communications in International Contracts.
- Complexities of enforcing orders determined by software.
- Enforcement of annulled awards.
- European Union law and the New York Convention.
- Enforcing awards against States and State entities.
- Sovereign immunity as a ground to refuse compliance with investor-State awards;
- Enforcement against non-signatories.
- Public policy exception.
- Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries.
Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book's combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties

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Inhalt

Intro
Title Page
Copyright Page
Editors
Contributors
Summary of Contents
Table of Contents
Foreword Author Bio
Foreword: Celebration of the 60th Anniversary of the New York Convention
Preface and Acknowledgements: An International Toast to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
List of Abbreviations
Part I International Commercial Arbitration and the New York Convention
Chapter 1 The New York Convention and the Enforcement of Arbitration Agreements by National Courts: What Level of Review?
SUMMARY
§1.01 INTRODUCTION
§1.02 THE SPANISH APPROACH AFTER THE 2017 SUPREME COURT DECISION
§1.03 ALTERNATIVE MODELS: FRANCE AND ENGLAND
§1.04 THE IMPLICATIONS AND UNCERTAINTIES OF THE SPANISH APPROACH
[A] Would the Decision Have Changed If Arbitral Proceedings Had Been Pending?
[B] Would the Decision Have Changed If the Issue Had Concerned the Scope, Enforceability or Validity of the Agreement and Not Its Existence?
[C] Would the Decision Have Changed If the Motive to Examine the Arbitration Agreement Had Not Been a Challenge of the Court's Jurisdiction but a Request for Support (E.G., an Interim Measure)?
[D] Would the Decision Have Changed If the Arbitration Had Been International?
§1.05 CONCLUSION
Chapter 2 An Arbitrator's Obligation to Use Reasonable Efforts to Issue an Enforceable Award and Its Interaction with the New York Convention
SUMMARY
§2.01 THE ARBITRATOR'S OBLIGATION TO ISSUE AN ENFORCEABLE AWARD
§2.02 SCOPE AND EFFECTS OF THE OBLIGATION
[A] Enforcement at the Seat Versus Enforcement in Other Jurisdictions
[B] Award Enforcement Concerns
[C] Identification of Award Enforcement Concerns Sua Sponte
[D] Arbitral Decision
[E] Enforcement and Consequences of the Obligation
[F] Obligation of the Arbitrators Versus Obligation of the Institution
§2.03 PROVISIONS FROM THE NY CONVENTION THAT ARE RELEVANT TO THE ARBITRATOR'S DUTY TO ISSUE AN ENFORCEABLE AWARD
§2.04 COMMON ISSUES CONCERNING THE ARBITRATOR'S DUTY TO ATTEMPT TO ISSUE AN ENFORCEABLE AWARD WITHIN THE NY CONVENTION'S FRAMEWORK
[A] The Supposed Bias in Favor of Enforcement of Arbitral Awards and Agreements to Arbitrate
[B] The Requirement That the Agreement to Arbitrate Be "in Writing"
[C] The Requirement of Due Process
[D] The Issue of Mandatory Laws
§2.05 CONCLUSION
Chapter 3 The Role of the New York Convention in Remedying the Pitfalls of Multi-tiered Dispute Resolution Clauses
SUMMARY
§3.01 INTRODUCTION
§3.02 MDR CLAUSES DECODED
§3.03 DISPUTING MEDIATION TIERS: BEST PRACTICES AND THE MOST APPROPRIATE FORUM
[A] Validity and Enforceability
[B] Method of Enforcement
§3.04 THE POTENTIAL ROLE FOR THE NY CONVENTION AND THE FRAMEWORK FOR ARBITRATION
[A] The NY Convention
[B] Scope of Article II of the NY Convention
[C] Model Law on International Commercial Arbitration
§3.05 CONCLUSION
Part II Some Obstacles to Recognition and Enforcement under the New York Convention
Chapter 4 Non-domestic Award: The Second Hypothesis of Article I(1)
SUMMARY
§4.01 INTRODUCTION
§4.02 THE GENESIS OF NON-DOMESTIC AWARDS
[A] Travaux Préparatoires
[B] The Text of the Convention
§4.03 IDENTIFYING NON-DOMESTIC AWARDS
[A] Foreign Lex Arbitri
[B] Absence of Contacts (the US Criterion)
[C] Fiction: Exclusion and Challenges
[D] A-national Award
§4.04 CONCLUSION
Chapter 5 Emergency Arbitrator Awards: Addressing Enforceability Concerns Through National Law and the New York Convention
SUMMARY
§5.01 INTRODUCTION
§5.02 THE SCHEME OF RECOGNIZING AND ENFORCING FOREIGN ARBITRAL AWARDS UNDER THE NY CONVENTION
§5.03 THE EMERGENCY ARBITRATION MECHANISM AND ITS STATUS UNDER DOMESTIC LAWS
[A] The Nature of Emergency Arbitration
[B] Emergency Arbitration: Institutional Rules
[C] Emergency Arbitration and Enforceability
[1] Emergency Arbitration: National Laws
[2] Emergency Arbitrators' Decisions as Enforceable Awards: Jurisprudence from the US
[3] Enforceability of Emergency Arbitrators' Decisions Through Analogous Orders
§5.04 THE WAY FORWARD
[A] Expansive Articulation of 'Arbitral Award'
[B] Conclusion
Chapter 6 Flipping the Hourglass: Time Limits for the Recognition and Enforcement of Foreign Arbitral Awards
SUMMARY
§6.01 INTRODUCTION
§6.02 POSITION UNDER THE NY CONVENTION
§6.03 OVERVIEW OF STATE PRACTICES
[A] Overview of Different Limitation Periods and Relevant Sources of Law
[B] Factors Relevant to the Commencement and Calculation of the Limitation Period
§6.04 ENFORCEMENT LIMITATION AND STATE RESPONSIBILITY
§6.05 CONCLUSION
Part III The New York Convention and New Technologies
Chapter 7 The UN Convention on the Use of Electronic Communications in International Contracts: An Overlooked Remedy for Outdated Form Provisions under the New York Convention?
SUMMARY
§7.01 THE ISSUE: THE NY CONVENTION AND THE USE OF MODERN TECHNOLOGY
[A] Modern Technology Back in 1958
[B] Modern Technology Nowadays
§7.02 NEW RULES ON SUBSTANCE: THE ECC
[A] Adoption and Parties
[B] Key Principles
[1] Technological Neutrality
[2] Functional Equivalence
[C] Substantive Rules (Articles 8-14 ECC)
[D] Preconditions for Application
[1] Contract Between Parties Whose Places of Business Are in Different States (Article 1(1) ECC)
[2] Exclusions (Articles 2, 3 ECC)
[3] Declarations (Article 19 ECC)
[4] Communications Exchanged under Other Conventions (Article 20 ECC)
§7.03 EFFECTS OF THE ECC ON RECOGNITION AND ENFORCEMENT UNDER THE NY CONVENTION
[A] Interplay Between the NY Convention and the ECC
[1] Form Requirements under the NY Convention
[2] The ECC
[a] Update for Paper-Based Form Definitions
[b] Legal Impact of the ECC on the NY Convention
[c] Effect Only to the Benefit of Arbitration Agreements from Another Contracting State?
[i] Parties and Beneficiaries
[ii] Irrelevance of the Nationality of an Arbitral Award Based on the Arbitration Agreement in Non-declaration Cases
[d] Diverging Scopes of Application
[e] Reservation and Declaration Scenarios
[f] Consideration Within the Autonomous Interpretation of Article II(2) NY Convention
[B] Interplay Between Domestic Law and the ECC
[C] Interim Conclusion
§7.04 OTHER PATHWAYS TO ADAPT RECOGNITION AND ENFORCEMENT UNDER THE NY CONVENTION TO ELECTRONIC COMMUNICATIONS
[A] Extending the 'in writing' Definition in Article II(2) NY Convention
[1] Non-exhaustive Character of Article II(2) NY Convention
[2] Determination of 'in writing' under the Unlisted Options
[B] Reliance on More Favourable National Law (Article VII(1) NY Convention)
[1] Applicability of Article VII(1) NY Convention to Arbitration Agreements
[2] Effect
§7.05 CONCLUSION
Chapter 8 When the Tribunal Is an Algorithm: Complexities of Enforcing Orders Determined by a Software under the New York Convention
SUMMARY
§8.01 INTRODUCTION
§8.02 THE ALGORITHMIC ARBITRATOR AND THE NEW YORK CONVENTION
§8.03 ARTICLE I.(2)
§8.04 ARTICLE IV
§8.05 ARTICLE V
[A] Article V.1(a)
[B] Article V.1(d)
[C] Article V.2(b)
§8.06 OTHER ISSUES ON ARTIFICIAL INTELLIGENCE AND ARBITRATION
§8.07 THE FUTURE
Part IV Grounds for Refusal under the New York Convention
Chapter 9 Lack of Impartiality or Independence as Grounds to Deny Enforcement under the New York Convention
SUMMARY
§9.01 INTRODUCTION
§9.02 THE NY CONVENTION FRAMEWORK
[A] Article V(1)(b): A Party's Inability to Present Its Case
[B] Article V(1)(d): The Arbitral Tribunal's Composition
[C] Article V(2)(b): Public Policy
§9.03 INDEPENDENCE AND IMPARTIALITY IN PRACTICE
[A] Lack of Disclosure
[B] Arbitrator's Actual Knowledge of the Potential Conflict
[C] Lack of Neutrality and Impartiality in a Three-Member Tribunal
[D] Party-Appointed Arbitrators and Chairperson: Different Standards?
§9.04 CONCLUSION
Chapter 10 Constitutionalizing the 1958 New York Convention from below by Other Means? The Relevance of Respondent States' Domestic Constitutional Law in the Enforcement of Investment Awards
SUMMARY
§10.01 INTRODUCTION: POSITIONING THE NY CONVENTION IN THE NARRATIVES OF GLOBAL CONSTITUTIONALIZATION AS A WORTHY UNDERTAKING
§10.02 ONCE UPON A TIME IN THE INTERNATIONAL SYSTEM: CONSTITUTIONALIZATION OF PUBLIC INTERNATIONAL LAW AS AN EXCLUSIVE TOP-DOWN PROJECT
§10.03 BROADENING THE PERSPECTIVE: CONSTITUTIONALIZING THE NY CONVENTION FROM BELOW
[A] The Well-Known: Public Policy Exception under Article V(2)(b) of the NY Convention
[B] The Other Ones: Possible Relevance of Respondent States' Domestic Constitutional Law in the Enforcement of Investment Awards
§10.04 ASSESSING THE PROCESSES OF CONSTITUTIONALIZATION FROM BELOW: BLESSING OR CURSE FOR THE NY CONVENTION?
§10.05 CONCLUSION
Chapter 11 Public Policy under the New York Convention: National, International, and Transnational
SUMMARY
§11.01 INTRODUCTION
§11.02 BACKGROUND AND PURPOSE
§11.03 APPLICATION OF THE PUBLIC POLICY EXCEPTION BY COURTS
[A] Fundamentals
[B] Domestic Versus International Public Policy
[C] Content of Public Policy
[1] Procedural and Substantive Public Policy
[2] Mandatory Laws
[D] Local Interpretations of Public Policy
[E] International Versus Transnational Public Policy
§11.04 TRANSNATIONAL PUBLIC POLICY VERSUS A TRANSNATIONAL PERSPECTIVE
§11.05 CONCLUSION
Part V Enforcement of Annulled Awards under the New York Convention
Chapter 12 Enforcement of Annulled Awards: Differences Between Jurisdictions and Recent Interpretations
SUMMARY
§12.01 INTRODUCTION
§12.02 RECOGNITION AND ENFORCEMENT OF ANNULLED AWARDS UNDER THE NY CONVENTION: THE HEATED DEBATE ON THE INTERPRETATION OF ARTICLE V(1)(E)
[A] The Preclusive Effect of the Decision Rendered by the Court of the Seat
[B] The Optionality Behind Article V(1) and the Mandatory Character of Article VII
[1] The Use of the Word "May" in Article (V)(1)
[2] The Most Favorable Treatment Rule Included in Article VII
§12.03 WHAT HAS BEEN DONE BY COURTS? INCONSISTENT INTERPRETATIONS AMONG JURISDICTIONS
[A] The French View: Arbitral Awards and Its Lack of Nationality
[1] Norsolor
[2] Hilmarton v. OTV
[3] Putrabali v. Rena Holding
[B] The "Practical" View of English Courts
[C] The Dutch Case
[D] The Approach of U.S. Courts
[E] Enforcement of Annulled Arbitral Awards in Spain
[F] Other Jurisdictions
§12.04 CONCLUSIONS
Chapter 13 Recognition and Enforcement of Arbitral Awards Annulled in Their Own Seat: The Latin American Experience Interpreting the New York Convention's 'Sovereign Spaces'
SUMMARY
§13.01 INTRODUCTION
§13.02 THE NY CONVENTION DOES NOT ESTABLISH A DELOCALIZED SYSTEM TO SETTLE INTERNATIONAL DISPUTES
§13.03 THE NYC DID NOT MEAN TO IMPOSE UNIVERSAL STANDARDS FOR ANNULMENT NOR ANNULMENT GROUNDS AND ITS PROCEDURES
§13.04 CONCLUSION
Part VI European Union Law and the New York Convention
Chapter 14 Challenges under EU Law to the Enforcement of Arbitral Awards under the New York Convention
SUMMARY
§14.01 INTRODUCTION
§14.02 EU LAW AND THE NY CONVENTION: THE ORIGINS OF AN UNEASY RELATIONSHIP
§14.03 EU LAW-BASED CHALLENGES TO THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS UNDER ARTICLE V OF THE NY CONVENTION
[A] Invalidity of the Arbitration Agreement (Article V(1)(a))
[B] Inability to Present One's Case (Article V(1)(b))
[C] Incompatibility of the Arbitral Procedure with the Agreement of the Parties (Article V(1)(d))
[D] Non-arbitrability (Article V(2)(a))
[E] Public Policy (Article V(2)(b))
§14.04 CONCLUSION
Chapter 15 Arbitral Preliminary References: The New York Convention Regime as Adequate Mechanism for Compliance under Article 267 TFEU?
SUMMARY
§15.01 A NEED FOR ARBITRAL PRELIMINARY REFERENCES?
[A] Legitimacy
[B] Coherence
[C] Procedural Economy
§15.02 CJEU CASE LAW ON PRELIMINARY REFERENCES: TOWARDS MORE INCLUSION FOR ARBITRATION?
[A] Evolutions in Commercial Arbitration
[B] In Investment Arbitration
§15.03 THE NEW YORK CONVENTION AS ADEQUATE MECHANISM FOR COMPLIANCE?
§15.04 CONCLUSIONS
Chapter 16 Competition Law Provisions as Manifestations of Public Policy Within the Meaning of Article V(2)(b) of the NY Convention: Examining Competition Law of the People's Republic of China to Reveal the Uniqueness of European Union Competition Law in the Context of International Commercial Arbitration
SUMMARY
§16.01 INTRODUCTION
§16.02 COMPETITION LAW IN THE EU AND IN THE PRC
§16.03 ARTICLES 101 TFEU AND 13-16 OF THE AML SIDE BY SIDE
§16.04 ARTICLES 13-16 OF THE AML AS PUBLIC POLICY RULES WITHIN THE MEANING OF ARTICLE V(2)(B) OF THE NY CONVENTION
§16.05 CONCLUDING REMARKS
Part VII The Future of the New York Convention
Chapter 17 The New York Convention's 60th Anniversary: A Restatement for the New York Convention?
SUMMARY
§17.01 INTRODUCTION: THE NEW YORK CONVENTION-ITS IDENTITY-PAST AND PRESENT
[A] The New York Convention's Drafting History
§17.02 THE ENFORCEMENT OF ANNULLED AWARDS: ITS TROUBLESOME PRESENT
[A] The History of Article V(1)(e)
[B] The Judicial Realism under Article V(1)(e)
§17.03 FIRST WAVE OF ENFORCEMENT OF ANNULLED AWARDS
[A] Hilmarton v. Omnium de Traitement et deValorisation (OTV)
[B] Chromalloy Aeroservices Inc. v. the Arab Republic of Egypt
[C] Baker Marine Limited v. Chevron Limited, Chevron Corp., Inc. and Others v. Danos and Curole Marine Contractors, Inc.
[D] TermoRio S.A.E.S.P. and LeaseCo Group, LLC. v. Electranta S.P., Electrificadora del Atlantico S.A.E.S.P.
§17.04 SECOND WAVE OF ENFORCEMENT OF ANNULLED AWARDS
[A] Yukos Capital s.a.r.l. (Luxembourg) v. OAO Rosneft (Russian Federation)
[B] Corporación Mexicana De Mantenimiento Integral, S. De R.L. De C.V. v. Pemex-Exploración Y Production
[C] Thai-Lao Lignite (Thailand) v. Government of the Lao People's Democratic Republic
[D] Nikolay Viktorovich Maximov v. OJSC Novolipetsky Metallurgichesky Kombinat
§17.05 THE RUSSIAN DOLL EFFECT
§17.06 THE FLAVORS OF ENFORCING ANNULLED AWARDS
§17.07 THE POWER OF SOFT LAW AND MAKING AMENDS: TOWARDS A BRIGHTER AND MORE HARMONIZED AND PREDICTABLE FUTURE FOR AWARDS ANNULLED AT THEIR SEAT
[A] Proposal I: Harmonized Theories for Interpreting Article V(1)(e)
[1] Burden of Proof
[2] Constitutional Norms Rather than Local Standards of Public Policy
[B] Proposal II: Supplementary Commentary: Do's and Don'ts of Interpreting Article V(1)(e)
[C] Proposal III: Amendment to Article V(1)(e)
[D] Proposal IV: A Restatement
§17.08 CONCLUSION
ANNEX: THE RUSSIAN DOLL EFFECT
Chapter 18 Time for a New NY Convention? Was Albert van den Berg Right?
SUMMARY
§18.01 INTRODUCTION
§18.02 VAN DEN BERG'S PROPOSAL FOR A NEW NY CONVENTION
§18.03 REACTIONS AND RESPONSES TO VAN DEN BERG'S PROPOSAL
§18.04 DEVELOPMENTS DURING THE LAST 10 YEARS
[A] The Enforcement of Foreign Annulled Arbitral Awards
[B] The Proliferation of 'Amparos' Against Awards
§18.05 WAS VAN DEN BERG RIGHT?
ANNEX: HYPOTHETICAL DRAFT CONVENTION ON THE INTERNATIONAL ENFORCEMENT OF ARBITRATION AGREEMENTS AND AWARDS
Part VIII Regional Approaches
Chapter 19 Arbitrating and Enforcing Foreign Awards in the ASEAN Region: Confronting the Perennial Issues
SUMMARY
§19.01 INTRODUCTION
§19.02 THE EXISTING FRAMEWORK OF ARBITRATION
[A] Domestic Legislation
[B] Other Supporting Apparatuses
§19.03 THE OMNIPRESENCE OF NATIONAL COURTS
§19.04 WILL THE COURTS IN THE REGION BE ABLE TO MEET THE CHALLENGES?
§19.05 INTEGRATION, COLLABORATION AND MUTUAL ASSISTANCE
§19.06 CONCLUSION
Chapter 20 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958: Are We There Yet in Sub-Saharan Africa?
SUMMARY
§20.01 INTRODUCTION
§20.02 NIGERIA
[A] Recognition and Enforcement of Awards
[B] Recourse Against Awards
[C] Challenges in the Enforcement of Foreign Arbitral Awards
[1] Computation of Time for Enforcement Action
[2] Status of the Enforcing Courts
[3] Frivolous Appeals/Actions Against Enforcement Proceedings
[D] A New Dispensation in Nigeria?
§20.03 THE OHADA REGIME
[A] Recognition and Enforcement of Awards
[B] Annulment of Awards
§20.04 NON-NY CONVENTION/NON-OHADA JURISDICTIONS
§20.05 CONCLUSION
ANNEX: LEGAL REGIME ON THE ENFORCEMENT OF ARBITRAL AWARDS IN SUB-SAHARAN AFRICA
Part IX Enforcing Awards Against States and State Entities under the NY Convention
Chapter 21 Sovereign Immunity as a Ground to Refuse Compliance with Investor-State Awards: Past Experience and Future Developments
SUMMARY
§21.01 INTRODUCTION
§21.02 THE ICSID CONVENTION ENFORCEMENT (EXECUTION) MECHANISM
[A] The Promised 'Self-contained' Nature of the ICSID Convention
[B] Sovereign Immunity: A Ground for Non-compliance with ICSID Awards?
§21.03 THE NY CONVENTION ENFORCEMENT MECHANISM
[A] Neither Automatic nor Self-contained Collection Mechanism
[B] Sovereign Immunity and Non-ICSID Awards
§21.04 STATE IMMUNITY LAWS AND (NEW) ENFORCEMENT HURDLES
[A] The US
[1] Immunity from Jurisdiction: A Procedural Defence for States?
[2] Immunity from Execution: The Final Obstacle
[B] France
[1] Case Law Before Sapin II: Execution Immunity Guaranteed
[2] The Sapin II Law
[C] Other Jurisdictions
§21.05 CONCLUSIONS AND POSSIBLE REMEDIES
Chapter 22 Waivers of Sovereign Immunities in Enforcement Proceedings and the 1958 NY Convention
SUMMARY
§22.01 INTRODUCTION
§22.02 EXCEPTION TO IMMUNITY FROM JURISDICTION: THE AGREEMENT BY THE STATE ENTITY TO ARBITRATE
[A] France
[B] England
[1] The Commercial Transaction Exception to Immunity from Jurisdiction under English Law
[C] Spain
§22.03 EXCEPTIONS TO IMMUNITY FROM ENFORCEMENT
[A] France
[1] The Burden of Seeking an Order from the Court
[2] The Requirements of an Express, Property-Specific Waiver and Commercial Purpose of the Assets Targeted
[3] Similar Conditions Apply on Diplomatic Assets
[B] England
[1] The State Consent to Enforcement Exception
[2] The Commercial-Purpose Exception
[3] The Importance of the Present and Future Use of the Property Over Its Origin
[C] Spain
[1] Exception to Immunity from Enforcement by State Consent
[2] The Commercial-Purpose Exception
[3] Assets with Unclear Purpose and Fact-Finding Role of the Judge
§22.04 EXEMPTED ASSETS
[A] France
[B] England
[1] Diplomatic Goods
[2] A Strengthened Immunity for Central Banks' Assets
[3] Debts of the Foreign State Held by a Third Party
[C] Spain
[1] Central Banks
[2] State Vessels and Aircrafts
§22.05 CONCLUSION
Part X Investment Arbitration and the New York Convention
Chapter 23 Arbitrating Arbitrability in the United States: The Incorporation of Institutional Rules into Bilateral Investment Treaties and the Consequences for Challenges to Recognition and Enforcement of Awards under the New York Convention
SUMMARY
§23.01 INTRODUCTION
§23.02 US SUPREME COURT PRECEDENT
§23.03 US LOWER COURT PRECEDENT
§23.04 ARBITRATING ARBITRABILITY UNDER BILATERAL INVESTMENT TREATIES: AN ANALYSIS
§23.05 CONCLUSION
Chapter 24 The New York Convention and Investment Arbitration: Harmony or Tension?
SUMMARY
§24.01 INTRODUCTION
§24.02 THE INCREASING COMPLEXITY OF INVESTMENT TREATY ARBITRATION
[A] Chevron v. Ecuador: The 2006 Arbitration
[B] White Industries v. India
[C] Chevron v. Ecuador: The 2009 Arbitration
[D] The Yukos Arbitration
§24.03 CONCLUSION
Chapter 25 The Expanding Role of the New York Convention in Enforcement of International Investment Arbitral Awards
SUMMARY
§25.01 INTRODUCTION
§25.02 THE CURRENT ROLE OF THE NEW YORK CONVENTION IN THE FIELD OF INVESTMENT ARBITRATION
§25.03 RECENT DEVELOPMENTS IN INVESTOR-STATE ARBITRATION AFFECTING THE FUTURE APPLICATION OF THE NEW YORK CONVENTION
[A] Reactions of the Latin American Countries to the Criticisms Towards the Current System of Investor-State Arbitration
[B] The EU's Reactions to the Criticisms Towards the Current System of Investor-State Arbitration
§25.04 CONCLUSION
Chapter 26 The Circulation of International Investment Awards under the New York Convention
SUMMARY
§26.01 INTRODUCTION: NON-ICSID INVESTMENT ARBITRATION
§26.02 THE CIRCULATION REGIME OF NON-ICSID AWARDS
[A] Annulment Phase
[B] Recognition and Enforcement Phase
[C] Deferential Review by State Courts
§26.03 SOVEREIGN IMMUNITY
§26.04 ENFORCEMENT OF THE INVESTMENT AWARD OF THE ASSETS OF SOES: PUBLIC POLICY ISSUES
§26.05 CONCLUDING REMARKS
Part XI The New York Convention and a Prospective Multilateral Investment Court
Chapter 27 The New York Convention's Concept of Arbitration and the Enforcement of Multilateral Investment Court Decisions
SUMMARY
§27.01 INTRODUCTION
§27.02 PARTY AUTONOMY TO APPOINT ADJUDICATORS
§27.03 GOVERNING LAW FOR THE PROCEEDING
§27.04 VOLUNTARY SUBMISSION OF DISPUTES
§27.05 CONCLUSION
Table of Cases
Table of Legislation
Index

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