Transnational Due Process And Article V1b Of The New York Convention
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Author | : Herbert Kronke |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 674 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 9041123563 |
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 rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - 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 location.
Author | : Dan Xie |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 342 |
Release | : 2024-06-18 |
Genre | : Law |
ISBN | : 9403524472 |
Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.
Author | : United Nations. Department of Economic and Social Affairs |
Publisher | : |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : 9789211091540 |
Greater longevity is an indicator of human progress in general. Increased life expectancy and lower fertility rates are changing the population structure worldwide in a major way: the proportion of older persons is rapidly increasing, a process known as population ageing. The process is inevitable and is already advanced in developed countries and progressing quite rapidly in developing ones. The 2007 Survey analyses the implications of population ageing for social and economic development around the world, while recognising that it offers both challenges and opportunities. Among the most pressing issues is that arising from the prospect of a smaller labour force having to support an increasingly larger older population. Paralleling increased longevity are the changes in intergenerational relationships that may affect the provision of care and income security for older persons, particularly in developing countries where family transfers play a major role. At the same time, it is also necessary for societies to fully recognise and better harness the productive and social contributions that older persons can make but are in many instances prevented from making. The Survey argues that the challenges are not insurmountable, but that societies everywhere need to put in place the policies required to confront those challenges effectively and to ensure an adequate standard of living for each of their members, while respecting and promoting the contribution and participation of all.
Author | : David M. Pozar |
Publisher | : John Wiley & Sons |
Total Pages | : 752 |
Release | : 2011-11-22 |
Genre | : Technology & Engineering |
ISBN | : 0470631554 |
Pozar's new edition of Microwave Engineering includes more material on active circuits, noise, nonlinear effects, and wireless systems. Chapters on noise and nonlinear distortion, and active devices have been added along with the coverage of noise and more material on intermodulation distortion and related nonlinear effects. On active devices, there's more updated material on bipolar junction and field effect transistors. New and updated material on wireless communications systems, including link budget, link margin, digital modulation methods, and bit error rates is also part of the new edition. Other new material includes a section on transients on transmission lines, the theory of power waves, a discussion of higher order modes and frequency effects for microstrip line, and a discussion of how to determine unloaded.
Author | : |
Publisher | : Government Printing Office |
Total Pages | : 206 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 9780160926754 |
The Rapid Visual Screening (RVS) handbook can be used by trained personnel to identify, inventory, and screen buildings that are potentially seismically vulnerable. The RVS procedure comprises a method and several forms that help users to quickly identify, inventory, and score buildings according to their risk of collapse if hit by major earthquakes. The RVS handbook describes how to identify the structural type and key weakness characteristics, how to complete the screening forms, and how to manage a successful RVS program.
Author | : J. David Cummins |
Publisher | : Springer Science & Business Media |
Total Pages | : 380 |
Release | : 2012-12-06 |
Genre | : Business & Economics |
ISBN | : 9400925069 |
The First International Conference on Insurance Solvency was held at the Wharton School, University of Pennsylvania from June 18th through June 20th, 1986. The conference was the inaugural event for Wharton's Center for Research on Risk and Insurance. In atten dance were thirty-nine representatives from Australia, Canada, France, Germany, Israel, the United Kingdom, and the United States. The papers presented at the Conference are published in two volumes, this book and a companion volume, Classical Insurance Solvency Theory, J. D. Cummins and R. A. Derrig, eds. (Norwell, MA: Kluwer Academic Publishers, 1988). The first volume presented two papers reflecting important advances in actuarial solvency theory. The current volume goes beyond the actuarial approach to encom pass papers applying the insights and techniques of financial economics. The papers fall into two groups. The first group con sists of papers that adopt an essentially actuarial or statistical ap proach to solvency modelling. These papers represent methodology advances over prior efforts at operational modelling of insurance companies. The emphasis is on cash flow analysis and many of the models incorporate investment income, inflation, taxation, and other economic variables. The papers in second group bring financial economics to bear on various aspects of solvency analysis. These papers discuss insurance applications of asset pricing models, capital structure theory, and the economic theory of agency.
Author | : Anthony W. Knapp |
Publisher | : Springer Science & Business Media |
Total Pages | : 757 |
Release | : 2007-10-11 |
Genre | : Mathematics |
ISBN | : 0817646132 |
Basic Algebra and Advanced Algebra systematically develop concepts and tools in algebra that are vital to every mathematician, whether pure or applied, aspiring or established. Advanced Algebra includes chapters on modern algebra which treat various topics in commutative and noncommutative algebra and provide introductions to the theory of associative algebras, homological algebras, algebraic number theory, and algebraic geometry. Many examples and hundreds of problems are included, along with hints or complete solutions for most of the problems. Together the two books give the reader a global view of algebra and its role in mathematics as a whole.
Author | : Yutaka Kidawara |
Publisher | : Springer Nature |
Total Pages | : 103 |
Release | : 2019-11-22 |
Genre | : Computers |
ISBN | : 9811505950 |
This book provides the readers with retrospective and prospective views with detailed explanations of component technologies, speech recognition, language translation and speech synthesis. Speech-to-speech translation system (S2S) enables to break language barriers, i.e., communicate each other between any pair of person on the glove, which is one of extreme dreams of humankind. People, society, and economy connected by S2S will demonstrate explosive growth without exception. In 1986, Japan initiated basic research of S2S, then the idea spread world-wide and were explored deeply by researchers during three decades. Now, we see S2S application on smartphone/tablet around the world. Computational resources such as processors, memories, wireless communication accelerate this computation-intensive systems and accumulation of digital data of speech and language encourage recent approaches based on machine learning. Through field experiments after long research in laboratories, S2S systems are being well-developed and now ready to utilized in daily life. Unique chapter of this book is end-2-end evaluation by comparing system’s performance and human competence. The effectiveness of the system would be understood by the score of this evaluation. The book will end with one of the next focus of S2S will be technology of simultaneous interpretation for lecture, broadcast news and so on.
Author | : Jud G. Isebrands |
Publisher | : CABI |
Total Pages | : 700 |
Release | : 2014-02-12 |
Genre | : Technology & Engineering |
ISBN | : 1780641087 |
Poplars and willows form an important component of forestry and agricultural systems, providing a wide range of wood and non-wood products. This book synthesizes research on poplars and willows, providing a practical worldwide overview and guide to their basic characteristics, cultivation and use, issues, problems and trends. Prominence is given to environmental benefits and the importance of poplar and willow cultivation in meeting the needs of people and communities, sustainable livelihoods, land use and development.
Author | : Elena Choleris |
Publisher | : Cambridge University Press |
Total Pages | : 409 |
Release | : 2013-04-11 |
Genre | : Medical |
ISBN | : 0521190355 |
A comparative overview of the effects of neuropeptides on behavior, examining parallel findings in both humans and non-human animals.