by: Herbert Kronke, Patricia Nacimiento, Dirk Otto, Nicola Christine Port
USD price: $250.00
Now also available as
The 1958 New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards is without a doubt the single most important treaty in the
field of international commercial arbitration, and has enjoyed remarkable
success over its half-century of use. It has been praised as a convention
which ‘perhaps could lay claim to be the most effective instance of
international legislation in the entire history of commercial law.’
In honour of the Convention’s fiftieth anniversary, outstanding scholars of
international commercial arbitration have contributed to this comprehensive
commentary. Following a design calling for article-by-article analysis (or
even, in the case of the crucial Article 5, by sub-article), this unique book
provides an in-depth analysis of the Convention’s first fifty years in light
of internationally accessible case law from a wide range of jurisdictions
around the world. In so doing it greatly clarifies and enhances our knowledge
of both the theoretical underpinnings and the practical application of the
Convention in its global context.
The authors, each of whom is an experienced practitioner in the field of
international arbitration, draw on experience in a wide variety of national
jurisdictions. In addition to drafting chapters independently, each has made
invaluable contributions to other authors’ chapters. Authoritative case law
research was further provided by dozens of contributors with expertise in
specific jurisdictions worldwide.
The analysis thoroughly covers the major issues that have arisen in the
application of the Convention, including the following:
the use of reservations made by Contracting States;
the distinctions between recognition and enforcement and between recognition
sought at the seat of the arbitration and outside the seat;
the role of the courts in reviewing arbitral awards and, in particular, the
Convention’s focus on safeguarding due process standards;
the “more favourable rights” principle embodied in Article VII(1);
the relevance of forum shopping and asset spotting to the application of the
the role of formalities and formalism.
The end result is an invaluable work that will prove enormously useful to all
international commercial arbitration practitioners and scholars, regardless of
'In my opinion, the new commentary is a "must" for any practitioner in the
field of international arbitration. Its particular value consists in its
systematic approach both to analysing every element of each provision of the
convention and to providing the reader, for each such provision, with leading
court decisions from around the world to show how the convention works in
practice. There is good reason to hope with the editors (and with Karl-Heinz
Böckstiegel, who wrote the foreword) that the commentary will contribute to
the development of a more uniform standard for the application of the
Klaus Sachs, partner at CMS Hasche Sigle in Munich, in Global Arbitration
Review, March 2011
Preface and Acknowledgments; H. Kronke, P. Nacimiento, D. Otto, N.C. Port.
Introductions; K.-H. Böckstiegel, J. Fry.
Introduction/Preamble; H. Kronke.
Article I; H. Bagner.
Article II; D. Schramm, G. Elliott, P. Pinsolle.
Article III; A. Börner.
Article IV; D. Otto.
Article V(1)(a); P. Nacimiento.
Article V(1)(b); A. Armer Ríos, A. Jana, K. Kranenberg.
Article V(1)(c); N.C. Port, E. Scott Bowers, B.A. Davis Noll.
Article V(1)(d); P. Nacimiento.
Article V(1)(e); N. Darwazeh.
Article V(2); D. Otto, O. Elwan.
Article VI; N.C. Port, E. Scott Bowers, J. Simonoff.
Article VII; D. Otto.
Article VIII; D. Otto.
Article IX; X. Fuentes.
Article X; X. Fuentes.
Article XI; D. Otto.
Article XII; D. Otto.
Article XIII; N.C. Port, D. Fuhr, J. Simonoff.
Article XIV; P. Nacimiento.
Article XV; P. Nacimiento.
Article XVI; D. Schramm, G. Elliott, P. Pinsolle.