Under Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the New York Convention, “NYC”), a court may refuse to recognize or enforce a foreign…
Historical records indicate that Tuesday, 10 June 1958 must have been a busy day in the corridors of the United Nations. On that day, following the diplomatic conference which had taken place in May…
On 26 November 2020, the German Federal Supreme Court (Bundesgerichtshof—BGH) intervened in the “disputed” question of the applicability of the CISG to arbitration agreements (I ZR 245/19, para. 28)…
The permissive language of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) continues to tease parties challenging…
The United Arab Emirates (“UAE”) adhered to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention (“New York Convention”) in 2006…
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an…
Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any…
The United States Supreme Court's June 2020 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC ("GE Energy") made clear that, under U.S. law, a non-signatory to an…
In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so,…
