Enforcement of Foreign Arbitral Awards and the Public Policy Exception: Including an Analysis of South Asian State Practice

Author:   Bruno Zeller ,  Gautam Mohanty ,  Sai Ramani Garimella
Publisher:   Springer Verlag, Singapore
Edition:   1st ed. 2021
ISBN:  

9789811626364


Pages:   183
Publication Date:   24 July 2022
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Enforcement of Foreign Arbitral Awards and the Public Policy Exception: Including an Analysis of South Asian State Practice


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Author:   Bruno Zeller ,  Gautam Mohanty ,  Sai Ramani Garimella
Publisher:   Springer Verlag, Singapore
Imprint:   Springer Verlag, Singapore
Edition:   1st ed. 2021
Weight:   0.320kg
ISBN:  

9789811626364


ISBN 10:   9811626367
Pages:   183
Publication Date:   24 July 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1.0    Introduction to the book 1.1    An overview of the international regime on enforcement of foreign arbitral awards 1.2    Identifying the difficulties encountered in implementing this regime   2.0    The exceptions to the Enforcement of the Foreign Arbitral Awards within the New York Convention – jurisprudence from State Practice 2.1     Article V(1)(a) 2.2    Article V(1)(b) 2.3    Article V(1)(c) 2.4    Article V(1)(d) 2.5    Article V(1)(e) 2.6    Article V(2)(a) &(b) 3.0       UNCITRAL Model Law 3.1    – mapping the work of Working Group II 3.2    – UNCITRAL ML on recognition and enforcement of arbitral awards 3.3    -  Article 34 – set aside of arbitral awards 3.4    - Article 36 – refusal of recognition or enforcement of foreign arbitral awards 4.0    The Public Policy Exception to Enforcement – the origins in private law 4.1    – articulation of public policy within private international law 4.2     - public policy in international commercial arbitration 4.3     the manifestation and diversity of public policy within international commercial arbitration 4.4    – the guidance under the international instruments related to international arbitration 4.5    – The New York Convention on Public Policy 4.6    – The UNCITRAL Model Law on Public Policy   5.0  – State practice on the delimitation and interpretation – the maximalist and minimalist approaches 5.1  – instances of delimitation of Public Policy exception through statutory provisions 5.2   -  judicial interpretations on the scope of the public policy exception   6.0  – Public policy – need to rein the unruly horse 6.1  – time for a uniform approach to public policy 6.2  –  a possible content for public policy – fundamental standards of the international community and international conventions 7.0 - Conclusion

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Bruno Zeller is Professor of Transnational Law at the University of Western Australia, Perth; Adjunct Professor at Murdoch University, Perth; Fellow of the Australian Institute for Commercial Arbitration, Panel of Arbitrators – MLAANZ; Visiting Professor at Humboldt University, Berlin and a Visiting Professor Stetson Law School, Florida.   Prof. Zeller is an international law consultant with Michael Bula Solicitors and specializes in transnational commercial law. He is the author of the seminal work – Four-Corners - The Methodology for Interpretation and Application of the UN Convention on Contracts for the International Sale of Goods (2003), amongst a host of research work in the form of books, chapters in edited collections and journals.  His research in the area of transnational commercial law and commercial arbitration is much cited.  Gautam Mohanty- Gautam Mohanty is an Assistant Professor at Jindal Global Law School(JGLS), O.P.Jindal Global University. He graduated from National Law University Odisha in the year 2015 and has a Master’s in International Business Law from Central European University in 2017. He is also an arbitration consultant and has experience advising domestic and international clients in commercial and dispute resolution matters. He has served as an Arbitration Tribunal Secretary to Hon’ble Justice Deepak Verma, Former Judge of Supreme Court of India in several arbitration matters. Further, he has published his work in several reputed journals and his areas of interest include international commercial arbitration, international investment law, private international law, Blockchain and the law. He is currently a doctoral student at Kozminski University, Warsaw, Poland. Sai Ramani Garimella- Sai Ramani Garimella teaches international commercial law and arbitration at South Asian University, an inter-governmental organization of the South Asian Regional group, SAARC. She is also a Visiting Senior Research Associate at Research Center for Private International Law in Emerging Countries, University of Johannesburg, Johannesburg, South Africa. Her research interests include international arbitration, international commercial law, private international law, and theoretical constructs in international law. Her research on international arbitration has appeared, recently, in the Manchester Journal of International Economic Law, Pepperdine Dispute Resolution Journal, amongst others. She has co-edited a commemorative volume on the CISG, titled CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: A MULTIDISCIPLINARY PERSPECTIVE.  (A Commemorative Volume Celebrating 30 Years of The CISG (Sweet & Maxwell, 2019), contributing an essay on Article 42 - - Third Party IPR Claims in Transnational Commerce –Addressing the Indeterminacy.  She has been awarded the Isambard Kingdom Brunel fellowship by the University of Portsmouth in 2019. She has previously co-edited a collection of essays on Private International Law - South Asian State Practice for Springer (2017).

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