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Autonomous Versus Domestic Concepts under the New York Convention

Autonomous Versus Domestic Concepts under the New York Convention

Hardcover

General Law

ISBN10: 9403531738
ISBN13: 9789403531731
Publisher: Wolters Kluwer Law & Business
Published: Mar 9 2021
Pages: 384
Weight: 1.57
Height: 0.88 Width: 6.14 Depth: 9.21
Language: English

International Arbitration Law Library # 61

The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world's most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention's more than 160 contracting States.

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General Law