Friday, October 27, 2017

Gaillard & Bermann: Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958

Emmanuel Gaillard (Shearman & Sterling LLP) & George A. Bermann (Columbia Univ. - Law) have published Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 (Brill | Nijhoff 2017). Here's the abstract:

The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention, including judges, arbitrators, practitioners, academics and Government officials.

The Guide gives clear expression to the principal finding of extensive research, namely, that the Contracting States have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.