what ?
The Yearbook Commercial Arbitration : Consolidated List of New York Convention 1958 Commentary Cases catalogues on an article-by-article basis court decisions which concern the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention).
how ?
By clicking on the relevant article of the New York Convention, you will be directed to a list further down the page which includes paragraph numbers and subject matter headings relating to that article. By clicking on the paragraph number next to the relevant subject matter heading, you will be directed to a list of cases that address that aspect of the New York Convention.
where ?
The decisions enumerated in this list are reported in Part V-A of the Yearbook Commercial Arbitration. The Yearbook Commercial Arbitration is available online at KluwerArbitration.com (visit the Publications page of this site for access) or in hardcopy from Kluwer Law International.
Comment?
Periodically these decisions are analysed and included in a Commentary on New York Convention decisions, by Prof. Dr. Albert Jan van den Berg. Commentaries have been published in the following Yearbook Commercial Arbitration volumes : 1976, 1991, 1994, 1996 and 2003.
Yearbook Commercial Arbitration :
Consolidated List of New York Convention 1958 Commentary Cases
by Silvia Borelli
Interpretation
Article I - FIELD OF APPLICATION (ARBITRAL AWARDS)
Article II(1) and (2) - ARBITRATION AGREEMENT
Article II(3) - REFERRAL BY COURT TO ARBITRATION
Article III - PROCEDURE FOR ENFORCEMENT
Article IV - CONDITIONS TO BE FULFILLED BY THE PETITIONER
Article V - GROUNDS FOR REFUSAL OF ENFORCEMENT IN GENERAL
Article V(1) - GROUNDS FOR REFUSAL OF ENFORCEMENT TO BE PROVEN BY THE RESPONDENT
Article V(2) - PUBLIC POLICY AS GROUND FOR REFUSAL OF ENFORCEMENT EX OFFICIO
Article VI - ADJOURNMENT OF DECISION ON ENFORCEMENT
Article VII(1) - MORE-FAVOURABLE-RIGHT PROVISION
Article VII(2) - RELATIONSHIP WITH GENEVA TREATIES OF 1923 AND 1927
Article XI - FEDERAL STATE CLAUSE
Article XIV - GENERAL RECIPROCITY CLAUSE
INTERPRETATION
¶ 001 INTERPRETATION OF THE CONVENTION
ARTICLE I
FIELD OF APPLICATION (ARBITRAL AWARDS)
¶ 101 AWARD MADE IN THE TERRITORY OF ANOTHER (CONTRACTING) STATE (PARAGRAPHS 1 AND 3 – FIRST RESERVATION)
¶ 102 ARBITRAL AWARD NOT CONSIDERED AS DOMESTIC (PARAGRAPH 1)
¶ 103 NATIONALITY OF THE PARTIES NO CRITERION
¶ 104 CONVENTION’S APPLICABILITY IN OTHER CASES
¶ 105 “PERSONS, WHETHER PHYSICAL OR LEGAL” (PARAGRAPH 1) (including sovereign immunity)
¶ 106 PROBLEMS CONCERNING THE IDENTITY OF A PARTY
¶ 107 SECOND RESERVATION (“COMMERCIAL RESERVATION”) (PARAGRAPH 3)
¶ 108 ARBITRAL AWARD: Arbitrato Irrituale (ITALY)
¶ 109 ARBITRAL AWARD: “A-NATIONAL” AWARD
¶ 110 ARBITRAL AWARD: TYPES
¶ 111 PERMANENT ARBITRAL BODIES (PARAGRAPH 2)
¶ 112 RETROACTIVITY
¶ 113 IMPLEMENTING LEGISLATION
¶ 114 IRAN-US CLAIMS TRIBUNAL
ARTICLE II(1) AND (2)
ARBITRATION AGREEMENT
PARAGRAPH 1: AGREEMENT IN GENERAL
¶ 201 Scope of arbitration agreement
¶ 202 Contents of arbitration agreement
PARAGRAPHS 1 AND 2: AGREEMENT IN WRITING
¶ 203 Uniform rule
¶ 204 Formal validity and municipal law
¶ 205 Signatures
¶ 206 Exchange of letters or telegrams
¶ 207 Telexes
¶ 208 Sales or purchase confirmation
¶ 209 Incorporation by reference and standard conditions
¶ 210 Articles 1341 and 1342 Italian Civil Code
¶ 211 Bill of lading and charter party
¶ 212 Agent/Broker, etc.
¶ 213 Renewal agreement
ARTICLE II(3)
REFERRAL BY COURT TO ARBITRATION
A. FIELD OF APPLICATION
¶ 214 Agreement providing for arbitration in another State
¶ 215 Agreement providing for arbitration within forum’s State
¶ 216 Agreement involving foreign party
B. REFERRAL TO ARBITRATION
¶ 217 In general
¶ 218 Referral is mandatory
¶ 219 There must be a dispute
¶ 220 “Null and void”, etc.
¶ 221 Law applicable to “null and void”, etc. (For formal validity and applicable law, see Paragraphs 1 and 2 of
Article II, ¶ 204 above)
¶ 222 Arbitrator’s competence and separability of the arbitration clause
¶ 223 Arbitrability (See also Article V(2), sub Ground a. “Arbitrability”, ¶ 519 below)
¶ 224 C. DECLARATORY JUDGMENT ON VALIDITY ARBITRATION AGREEMENT
D. MULTI-PARTY DISPUTES
¶ 225 Related arbitrations (consolidation, etc.)
¶ 226 Third parties (See also Article I, sub F. “Problems Concerning the Identity of the Respondent”, ¶ 106 above)
¶ 227 Concurrent court proceedings (“indivisibility”)
¶ 228 E. PRE-AWARD ATTACHMENT AND OTHER PROVISIONAL MEASURES
¶ 229 Measures in aid of arbitration
ARTICLE III
PROCEDURE FOR ENFORCEMENT
¶ 301 IN GENERAL
¶ 302 DISCOVERY OF EVIDENCE
¶ 303 ESTOPPEL/WAIVER
¶ 304 SET-OFF/COUNTERCLAIM
¶ 305 ENTRY OF JUDGMENT CLAUSE
¶ 306 PERIOD OF LIMITATION FOR ENFORCEMENT
¶ 307 INTEREST ON AWARD
ARTICLE IV
CONDITIONS TO BE FULFILLED BY THE PETITIONER
¶ 401 IN GENERAL
¶ 402 ORIGINAL OR COPY ARBITRAL AWARD
¶ 403 ORIGINAL OR COPY ARBITRATION AGREEMENT
¶ 404 AUTHENTICATION AND CERTIFICATION
¶ 405 “AT THE TIME OF APPLICATION”
¶ 406 TRANSLATION (PARAGRAPH 2)
ARTICLE V
GROUNDS FOR REFUSAL OF ENFORCEMENT IN GENERAL
¶ 500 GENERAL
¶ 501 GROUNDS ARE EXHAUSTIVE
¶ 502 NO RE-EXAMINATION OF THE MERITS OF THE ARBITRAL AWARD
¶ 503 BURDEN OF PROOF ON RESPONDENT
ARTICLE V(1)
GROUNDS FOR REFUSAL OF ENFORCEMENT TO BE PROVEN BY THE RESPONDENT
GROUND a: INVALIDITY OF THE ARBITRATION AGREEMENT
¶ 504 Agreement referred to in Article II
¶ 505 Incapacity of party
¶ 506 Law applicable to the arbitration agreement
¶ 507 Miscellaneous
GROUND b: VIOLATION OF DUE PROCESS
¶ 508 In general
¶ 509 “Proper notice”
¶ 510 Time limits and notice periods
¶ 511 “Otherwise unable to present his case”
¶ 512 GROUND c: EXCESS BY ARBITRATOR OF HIS AUTHORITY
¶ 513 GROUND d: IRREGULARITY IN THE COMPOSITION OF THE ARBITRAL TRIBUNAL OR ARBITRAL PROCEDURE
¶ 514 GROUND e: AWARD NOT BINDING, SUSPENDED OR SET ASIDE
1. “Binding”
¶ 515 2. Merger of award into judgment
¶ 516 3. “Set aside”
¶ 517 4. “Suspended”
ARTICLE V(2)
PUBLIC POLICY AS GROUND FOR REFUSAL OF ENFORCEMENT EX OFFICIO
¶ 518 DISTINCTION DOMESTIC–INTERNATIONAL PUBLIC POLICY
¶ 519 GROUND a: ARBITRABILITY
GROUND b: PUBLIC POLICY
¶ 520 Default of party
¶ 521 Lack of impartiality of arbitrator
¶ 522 Lack of reasons in award
¶ 523 Irregularities in the arbitral procedure (See also Article V(1)(b))
¶ 524 Other cases
ARTICLE VI
¶ 601 ADJOURNMENT OF DECISION ON ENFORCEMENT
ARTICLE VII(1)
MORE-FAVOURABLE-RIGHT PROVISION
¶ 701 MORE-FAVOURABLE-RIGHT PROVISION IN GENERAL
¶ 702 DOMESTIC LAW ON ENFORCEMENT OF FOREIGN AWARD
¶ 703 BILATERAL AND MULTILATERAL TREATIES [Decisions concerning all bilateral and multilateral treaties were
initially listed in this section. Individual entries were introduced in 1999.]
¶ 703(A) MULTILATERAL TREATIES
¶ 704 EUROPEAN CONVENTION OF 1961
¶ 704(A) PANAMA CONVENTION OF 1975
¶ 704(B) BILATERAL TREATIES
¶ 704(C) ROME TREATY OF 1958 AND EC JUDGMENTS CONVENTION OF 1968/1988
ARTICLE VII(2)
¶ 705 RELATIONSHIP WITH GENEVA TREATIES OF 1923 AND 1927
ARTICLE XI
¶ 911 ARTICLE XI: FEDERAL STATE CLAUSE
ARTICLE XIV
¶ 914 GENERAL RECIPROCITY CLAUSE
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