Academic Publications
Edited Books
Kluwer, 2019, 546 pages
Edited by Katia Fach Gómez and Ana Mercedes López Rodríguez
Foreword by Anne Joubin-Bret (Secretary of the United Nations Commission on International Trade Law)
About this book
60 Years of the New York Convention addresses a wide range of legal issues related to the application of the New York Convention in the context of international commercial arbitration and international investment arbitration. 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. There are also a number of fascinating reflections on the future of a convention that is about to welcome its 160th contracting State. Ample reference is made throughout to leading cases and practice.
Reviews
“This book is a fantastic collection of individual essays which together form a highly informative publication. The co-editors have rightly identified this work’s ‘global perspective and suitability as a major reference text on the issue’. Any scholar or practitioner would find this insightful book of immense value.” (Agnieszka Ason, ICC Dispute Resolution Bulletin 133, issue 1, 2020).
