Recognition and Enforcement of Foreign Arbitral Awards

Few instruments in international law have become as clearly and successfully established worldwide as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It has continued to prove itself throughout the fourteen years since the publication of the first edition of this preeminent commentary – a period during which the Convention’s scope and application have been greatly augmented by numerous court decisions rendered in jurisdictions around the globe and regarding arbitral awards resulting from both commercial and investor-State disputes, as well as by abundant legal scholarship, calling for an updated edition.

The second edition retains the book’s article-by-article format, both text and detailed analysis, including each provision’s theoretical underpinnings and practical application in a wide variety of jurisdictions around the world. The editors have assembled a group of authors – some already involved in the first edition, some new – each of them an experienced practitioner in the field of international arbitration in their particular country and deeply conversant with the leading (and most recent) arbitrations and relevant court decisions in their domestic case law. The commentary includes updated and expanded coverage of such aspects of arbitration practice as the following:

• application by domestic courts of the grounds for refusal of recognition and enforcement of arbitral awards;

• use of reservations made by Contracting States;

• distinctions between recognition sought at the seat of the arbitration and outside the seat;

• safeguarding due process standards;

• the ‘more favourable rights’ principle embodied in Article VII(1);

• forum shopping; and

• the role of formalities and formalism.

To continue to provide a truly international view of how the Convention functions in practice, the analysis thoroughly covers the major recent issues that have arisen in its application and their resolutions in diverse cases. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.