Bibliografias temáticas / New York State Convention of Universalists

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Literatura científica selecionada sobre o tema "New York State Convention of Universalists"

Autor: Grafiati

Publicado: 25 de julho de 2024

Última modificação: 31 de julho de 2024

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Artigos de revistas sobre o assunto "New York State Convention of Universalists"

Drahozal, Christopher. "The New York Convention and the American Federal System". REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, n.º 1 (1 de junho de 2019): 37–54. http://dx.doi.org/10.52028/rbadr.v1i1.2.

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Virtually all American states have statutes that make arbitration agreements and awards enforceable and that set out procedures for their enforcement in state courts. A number of states, including California, Texas, and Florida, have enacted international arbitration statutes to supplement their domestic arbitration laws.2 But this extensive body of state arbitration law has had only a “marginal impact” on American arbitration practice – particularly international arbitration practice because the Federal Arbitration Act (FAA) preempts conflicting state arbitration laws, even in state court. Although we know that the FAA preempts state law, the scope of that preemptive effect is not clear. Indeed, a pair of United States Supreme Court cases have suggested a possible broader role for state law in arbitration matters. In Hall Street Associates, LLC v. Mattel Inc., the Court indicated in dicta that parties might be able to contract for expanded review under state law although the FAA does not permit them to do so.5 And in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Court suggested that the arbitrators might not have exceeded their powers in construing an arbitration clause to permit class arbitration if they had relied on a state default rule permitting class arbitration. Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) Is the New York Convention self-executing? Part II briefly sets out background information on the New York Convention and its implementation in the U.S. Part III describes three models of how an arbitration convention might be implemented: the “exclusive spheres” model, the “federal preemption” model, and the “access” model. Part IV analyzes the legal questions identified above and considers their implications for the models. Part V discusses the extent to which parties can contract out of the FAA and into state arbitration law. Finally, Part VI identifies some possible implications of this analysis and concludes.

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Cogan, Jacob Katz, e Lori D. Ginzberg. "1846 Petition for Woman's Suffrage, New York State Constitutional Convention". Signs: Journal of Women in Culture and Society 22, n.º 2 (janeiro de 1997): 427–39. http://dx.doi.org/10.1086/495167.

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Carlisle, Jay C., e Matthew J. Shock. "The Constitutional Convention and Court Merger in New York State". Pace Law Review 38, n.º 1 (12 de outubro de 2017): 69. http://dx.doi.org/10.58948/2331-3528.1958.

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Li, Yilong. "A Case Study on the Reasons for Refusing to Recognize or Enforce a Foreign Arbitral Award". Asian Journal of Social Science Studies 7, n.º 3 (28 de março de 2022): 32. http://dx.doi.org/10.20849/ajsss.v7i3.1034.

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Firstly, this paper discusses the legal basis for refusing or recognizing a foreign arbitral award or a judgment in our country, that is, the New York Convention. Our country is a signatory to the New York Convention. Paragraph 2 of Article 5 of the New York Convention exhaustively sets out the grounds on which a Contracting State refuses to recognize and enforce a foreign arbitral award. Secondly, this paper analyzes the reasons for rejecting the application for enforcement based on two cases tried in Taiyuan and Wuxi in recent years, and finds that the courts in our country did not strictly follow the provisions of Paragraph 2 of Article V of the New York Convention when they ruled to reject the application, and neither the applicant nor the respondent mentioned the New York Convention in their application or defense. In the process of our country's judicial assistance system being gradually improved, this problem is also gradually solved. We should adhere to the seven reasons for refusing to recognize and enforce a foreign arbitral award in Article V of the New York Convention as the only source to refuse to recognize and enforce a foreign arbitral award.

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Petrochilos, Georgios C. "Enforcing Awards Annulled in their State of Origin under the New York Convention". International and Comparative Law Quarterly 48, n.º 4 (outubro de 1999): 856–88. http://dx.doi.org/10.1017/s0020589300063715.

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An impressive corpus of legal literature has accumulated in the last few years on the question whether it is possible or desirable to have an arbitral award enforced under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards1despite the award's having been annulled in the State where it was made. The issue is important not only in the context of the New York Convention, which itself is the most widely used vehicle of recognition and enforcement of foreign arbitral awards,2but also in the context of other international documents3or national law provisions modelled on the Convention4and bilateral treaties that incorporate it by reference.5The debate has largely centred on two well-known cases,HilmartonandChromalloy. It is the purpose of this article to analyse those cases and other relevant case law and offer a comprehensive analysis of the relevance of judicial decisions of the State of origin for purposes of enforcement under the New York Convention. In doing so this article proposes to discuss both the technical aspects of the relevant provisions of the Convention, and in particular their interrelationship, and the issues of legal policy that arise. Though the discussion will touch upon the wider doctrinal question of the degree of independence of arbitral proceedings from the law of the arbitralsitus.

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Lewis, Daniel C., Jack D. Collens e Leonard Cutler. "Conventional Wisdom? Analyzing Public Support for a State Constitutional Convention Referendum". State and Local Government Review 51, n.º 1 (março de 2019): 19–33. http://dx.doi.org/10.1177/0160323x19858396.

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Although fourteen American states periodically hold automatic referendums on whether to hold a state constitutional convention, no state has approved a constitutional convention referendum since 1984. This study explores the puzzle of why voters would oppose an opportunity to broadly reform state government and the factors that underlie these attitudes. Analyses of two statewide surveys of registered voters in New York during the 2017 Constitutional Convention Referendum campaign reveal that campaign framing, elite cues, and instrumental concerns have led voters to take risk-averse positions in order to minimize potential losses that could result from a constitutional convention.

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Zaheeruddin, Mohammed. "Recognition and Enforcement of Annulled Arbitral Awards Under the New York Convention 1958". International Journal of Professional Business Review 8, n.º 7 (17 de julho de 2023): e02637. http://dx.doi.org/10.26668/businessreview/2023.v8i7.2637.

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Purpose: The arbitral awards are enforceable internationally under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. The Convention provides the discretion to the courts in enforcing State either to enforce or reject the international arbitral awards. The award set aside at the seat of arbitration is not enforceable, however the courts in some jurisdictions enforced such awards. In this context the paper examines how the courts in different jurisdictions justified while enforcing the annulled awards. Theoretical framework: Arbitration mechanism is frequently used for settlement of international commercial disputes. It enables party autonomy in drafting arbitration agreements, choosing the applicable law and determining the arbitration seat. According to Article V (1)(e) of the New York Convention the national courts may refuse to recognize or enforce the foreign award if it was set aside or annulled at the seat of arbitration or under law of which such award was given. In some jurisdictions the enforcing courts considered the annulment procedure followed by the courts and if such procedure was unfair, the courts in enforcing country have agreed to enforce the set aside awards. Design/methodology/approach: The author followed the legal analysis method to examine the approach of the courts from different jurisdictions that have enforced the annulled foreign arbitral awards and the legal comparative method observed to study the judicial decisions from various jurisdictions. Findings: The study concludes that Article V (1) of the New York Convention gives discretionary power to the enforcing courts regarding enforcement of foreign arbitral award. Hence, the courts in some jurisdictions enforced the annulled award if the set aside procedure was unfair, based on local grounds, biased, violated basic norms of justice, against the parties’ agreement or applied domestic law instead of the New York Convention. To secure the enforcement of award, the parties to the arbitration may agree that the arbitral award is not subject to challenge in any court at the arbitration seat or in the state in which the award is enforced and prefer a pro-arbitration State as a seat of arbitration. Research, Practical & Social implications: The study provides practical guidance to the arbitrating parties in drafting arbitration agreements to ensure the enforcement of an arbitration award internationally. Originality/value: The research on enforcement of annulled award under the New York Convention immensely helpful in guiding the arbitration parties in drafting the arbitration agreement, choosing arbitration procedure and seat of arbitration.

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Siyang Lucas, Lim. "Rules of Procedure and the Blurred Lines of the 1958 New York Convention". Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 86, Issue 3 (1 de agosto de 2020): 317–30. http://dx.doi.org/10.54648/amdm2020026.

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In proceedings for recognition and enforcement of international arbitral awards, national courts are allowed to apply their own rules of procedure, pursuant to Article III of the New York Convention. However, the application of some of these procedural rules may lead to the award being denied recognition and enforcement, including rules on personal jurisdiction, limitation periods, and forum non conveniens. This comes into conflict with the widespread belief that the grounds for refusing recognition and enforcement that are listed in Article V of the New York Convention are exhaustive. This article challenges the conventional wisdom that the grounds listed in Article V are exhaustive, and argues that a domestic rule of procedure may be used to deny recognition and enforcement where either: the rule in question is widely applied in Contracting States to the New York Convention; or some interest or policy of the forum State would be significantly furthered by the application of that rule.

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Wang, Tong. "The New York Convention: How Courts Interpret Jurisdiction on Awards—A U.S. Perspective". Alternatives to the High Cost of Litigation 42, n.º 1 (26 de dezembro de 2023): 9–12. http://dx.doi.org/10.1002/alt.22028.

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There has been a significant body of U.S. federal case law where jurisdictional issues concerning the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards have been litigated in the U.S. This article focuses on federal courts' interpretation on certain—not all—of those jurisdictional issues in connection with the Federal Arbitration Act—state law and state courts are out of the scope of this article.

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Manson, Michael Tomasek. "Northeast Modern Language Association". PMLA/Publications of the Modern Language Association of America 114, n.º 4 (setembro de 1999): 910. http://dx.doi.org/10.1632/s0030812900154045.

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The Northeast Modern Language Association will celebrate the new millennium by participating in a centenary reexamination of the Pan-American Exposition of 1901. The convention will be held 7–8 April 2000 at the Hyatt Regency Hotel in Buffalo, New York. Erie Community College will host the convention, and the local arrangements chair is Annette Magid. The keynote speech will be delivered by Michael Frisch, a historian at the State University of New York, Buffalo, who is orchestrating the scholarly reexamination of the 1901 Expo. The convention will feature readings by the poets Charles Bernstein, Robert Creeley, Carl Dennis, Irving Feldman, and Dennis Tedlock. Scholars are invited to respond to the call for papers by 1 September 1999. The call is available on the Web site or from the executive director.

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Teses / dissertações sobre o assunto "New York State Convention of Universalists"

Mouallem, Ziad. "Le principe du contradictoire, cause de contrôle étatique des sentences arbitrales internationales". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020030.

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Le principe du contradictoire post-arbitral en matière d’arbitrage international est établi dans la majorité des systèmes juridiques. Toutefois, les décisions des juges étatiques montrent que l’adhésion générale à ce concept masque d’importantes différences concernant sa portée et son application. Cette thèse ne vise point à établir une description théorique du contenu du principe, elle propose une analyse qualitative, dont l’objectif essentiel est la vérification de son individualité, et non le fait qu’il est une simple application du principe civiliste classique. Loin de constater l’adoption définitive d’un concept arbitral autonome, la solution retenue démontre l’opportunité et, donc, le besoin de sa légitimation, ayant un impact direct sur la circulation des sentences arbitrales internationales. En fin de compte, hors de tout encadrement statique, il y a lieu de détecter, à travers la progression de l’étude, une évolution logique et une activité d’apurement au niveau du droit comparé. Cette évolution, d’un principe classique vers un concept arbitral international, à lecture contractuelle et non-statutaire, contenant une règle d’égalité, puis vers un outil technique en état de disparition, ne peut que dévoiler la période d’agonie dans laquelle se place le concept en cause. Cet aboutissement ne contribue pas seulement à souligner les errements conceptuels préjudiciables en jurisprudence comparée, il concourt également à marquer l’un des traits les plus émancipatoires du processus arbitral international. Dans cette optique, une telle conjoncture participerait à l’accélération de la privatisation de la justice arbitrale internationale
The post-arbitral adversarial principle in international arbitration is established in most legal systems. However, decisions of state judges show that general support for this concept masks significant differences in terms of its scope and application. This thesis does not aim to outline a theoretical description of the principle’s content ; it provides a qualitative analysis, the main objective of which is to ascertain its individuality, and not the fact that it is a mere application of the classic civil principle. Far from establishing the definitive adoption of an autonomous arbitral concept, the solution demonstrates the appropriateness and, therefore, the need for its legitimation, and has a direct impact on the movement of international arbitral awards. Ultimately, beyond any static framework, through the progress of the study, a logical development and regularisation activity with respect to comparative law should be detected. This development, from a classical principle to an international arbitration concept, to a contractual and non-statutory reading, containing a rule of equality, and thereafter to a technical tool which is disappearing, can only reveal the death throes in which the concept in question finds itself in. This outcome not only serves to highlight the detrimental conceptual errors in comparative case law, it also helps to mark one of the most emancipatory features of the international arbitration process. In this respect, such a situation would contribute to the accelerated privatisation of international arbitration proceedings

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Livros sobre o assunto "New York State Convention of Universalists"

New York (State). Dept. of Environmental Conservation, ed. Report to the fall convention of the New York State Conservation Council, Inc., September 18, 1987, Plattsburgh, New York. [Albany?, N.Y.]: New York State Dept. of Environmental Conservation, 1987.

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New York State Archives and Records Administration. In the words of the delegates: Records of the 1938 New York State Constitutional Convention. Albany, N.Y: University of the State of New York, State Education Dept., Office of Cultural Education, State Archives and Records Administration, 1988.

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New, York State Governor's Conference on Library and Information Services (3rd 1990 Albany N. Y. ). New York State Governor's Conference on Library and Information Services, Empire State Plaza Convention Center, November 28-30, 1990: Final report. [Albany]: The Conference, 1990.

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New York (State). Legislature. Assembly. Committee on Corporations, Authorities, and Commissions. Public hearing, the plans and progress of westside Manhattan redevelopment as implemented by state public authorities and other public benefit corporations. New York, NY: En-De Reporting Services, 2008.

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Libraries, New York (State) Governor's Commission on. Report of public hearing on library and information services for democracy, literacy, and productivity and the role of libraries in a diverse state: Saturday, October 13, 1990, 12:00 noon-5:00 p.m., Rochester Riverside Convention Center, Room 102B, Rochester, New York. [Albany, N.Y: The Commission, 1990.

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Goodwin, Doris Kearns. Team of Rivals: The political genius of Abraham Lincoln. New York, USA: Simon & Schuster, 2005.

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Twelve Sermons Delivered During the Session of the United States Convention of Universalists, in the City of New York, September 15Th And 16Th 1853: Together with a Portrait of the Author of Each Sermon. Creative Media Partners, LLC, 2023.

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New York State Anti-Slavery Society. Proceedings Of The New York Antislavery Convention, And New York Antislavery State Society. Kessinger Publishing, LLC, 2007.

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Goodier, Susan. Anti-Suffragists at the 1894 New York State Constitutional Convention. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037474.003.0002.

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This chapter explores the earliest attempts by conservative women to organize anti-suffrage activity. It was not until Susan B. Anthony and other suffragists conducted state tours in preparation for the New York State Constitutional Convention that anti-suffragists surprised suffragists by establishing temporary organizations to prevent the removal of the word “male” from the state constitution, and presented their views in opposition to enfranchisement and the protection of their existing rights. Their rhetoric developed out of the tradition of male anti-suffrage rhetoric, but the women articulated their own views of opposition to enfranchisement. Women who established these short-lived organizations laid the foundation for the women who established organizations in the next period of anti-suffrage.

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Capítulos de livros sobre o assunto "New York State Convention of Universalists"

Payne, Daniel G., e Richard S. Newman. "“Forever Wild” Provision of the New York State Constitution (Constitutional Convention of 1894)". In The Palgrave Environmental Reader, 123–24. New York: Palgrave Macmillan US, 2005. http://dx.doi.org/10.1007/978-1-349-73299-9_16.

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Zeller, Bruno, Gautam Mohanty e Sai Ramani Garimella. "The Exceptions to the Enforcement of Foreign Arbitral Awards Within the New York Convention—Jurisprudence from State Practice". In Enforcement of Foreign Arbitral Awards and the Public Policy Exception, 67–93. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-2634-0_3.

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Zhang, Chenyang. "Enforcement". In Win in Chinese Courts, 149–62. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-3342-6_10.

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AbstractIn China, if the losing party does not take the initiative to satisfy an effective court judgment, arbitral award and other legal documents, the winning party may apply to the court for enforcement. Then the court may deduct the deposit and/or auction the property of the losing party and use the money/proceeds obtained therefrom to repay the winning party. However, this enforcement power is exclusively vested in the court, and the winning party cannot seize and/or dispose of the property of the losing party on its own. Due to the large number of enforcement cases, the difficulty in tracking down enforceable property and the insufficient punishment against dishonest judgment debtors, China has been plagued by the “difficulty in enforcement” for a long time. In China, the main reason for the “difficulty in enforcement” is that it is difficult to track down the enforceable property of the party subject to enforcement. In order to resolve this problem, Chinese courts have vigorously promoted the information system interconnection between different government departments, which has greatly improved the efficiency of tracking down and/or freezing the property of the party subject to enforcement through the information network system. Another reason for the “difficulty in enforcement” is that it is difficult to sell off non-cash properties. Chinese courts have carried out judicial auctions through the Internet, which has greatly improved the deal closing rate and increased the transaction price of the property auctioned, and greatly improved the possibility of the applicant being compensated. Other than the above approaches, Chinese courts may also impose various restrictions and punishments on dishonest judgment debtors. There are various restrictions and punishments and the implementation thereof depends on the interconnection of different information network systems. If the circumstances in which the party subject to enforcement evades or resists enforcement are serious, the Chinese court may also hold it criminally responsible. In addition, being a contracting state to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as the “New York Convention”), China has been holding a quite friendly attitude towards the recognition and enforcement of foreign arbitral awards. In practice, most foreign arbitral awards can be recognized and enforced in China. Compared with the recognition and enforcement of foreign arbitral awards, there are more requirements and preconditions for the recognition and enforcement of foreign court judgments. Nevertheless, China is now relaxing these requirements and preconditions, and more and more foreign court judgments are being recognized and enforced. With continuous efforts of relevant departments, the enforcement conducted by Chinese courts is getting increasingly effective. We firmly believe that Chinese courts can further improve the enforcement effectiveness as day goes by.

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SMITH, LARRY D. "The New York Convention:". In Bill Clinton on Stump, State, and Stage, 201–22. University of Arkansas Press, 1994. http://dx.doi.org/10.2307/j.ctv22tnmr6.14.

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"Resolutions of the New York State Anti-Slavery Society". In New York's Burned-over District, editado por Spencer W. McBride e Jennifer Hull Dorsey, 355–61. Cornell University Press, 2023. http://dx.doi.org/10.7591/cornell/9781501770531.003.0057.

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This chapter focuses on the New York abolitionists that proposed to convene in Utica to establish the New York State Anti-Slavery Society in 1835. It mentions how the convention in Utica was disrupted by a hostile mob and drove its participants from the city. It also details how the undaunted conventioneers reconvened at the home of Gerrit Smith to complete their work on abolitionism and then returned the following year to Utica for the first annual meeting of the society in order to adopt a set of resolutions. The chapter features the resolutions of the New York abolitionists that underscore the dual influence of Christianity and democracy on the abolitionist movement in New York. It emphasizes how democratic values defined the abolitionists' strategies for achieving their goal, just as Christianity justified their mission.

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Morris-Sharma, Natalie Y. "The Singapore Convention on Mediation: Per Aspera Ad Astra". In By Peaceful Means, 153–78. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192848086.003.0009.

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Abstract In 2019, a new multilateral convention opened for signature, and set records as one of the highest number of first day signatories for any United Nations trade convention. This new convention, also known as the Singapore Convention on Mediation, provides for the cross-border enforcement of international commercial settlement agreements reached through mediation. It is anticipated to be to mediated settlement agreements what the New York Convention has been to arbitral awards. This chapter will examine the similarities and differences between the Singapore Convention and the New York Convention, with a view to better understanding the Singapore Convention and some of its key features. Remarks will also be offered on the significance of the Singapore Convention, not least for the landscape of international dispute resolution, including investor–state dispute settlement.

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Petrochilos, Georgios. "Enforceability of Awards Annulled in their State of Origin". In Procedural Law In International Arbitration, 299–338. Oxford University PressOxford, 2004. http://dx.doi.org/10.1093/oso/9780199249480.003.0007.

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Abstract May an award which has been set aside in the ‘country in which or under the law of which’ that award was made be enforced by the courts of another country? Although this chapter will attempt to answer this question in terms of the New York Convention (the Convention), the discussion here is relevant to other international treaties and national law provisions which are modelled after the Convention, as well as certain bilateral treaties that incorporate it by reference. This chapter does not start from the premise that the setting-aside judgment will be made by the courts of the ‘seat’ of the arbitration, as that concept was defined in Chapter 3; nor that it will have set an award aside on grounds that Chapter 4 argues are both permissible and, in principle, imperative under international law.

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Santangelo, Lauren C. "“The Wickedness of the Masses”". In Suffrage and the City, 8–32. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190850364.003.0002.

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This chapter explores suffrage strategies from 1870 to 1894—from the Manhattan movement’s foundation to the New York State Constitutional Convention campaign. For suffrage leaders like Lillie Devereux Blake and those in the New York City Woman Suffrage League, the city remained a frustrating, if not dangerous, place. These beliefs informed movement tactics in the 1870s and 1880s, as organizers clung to the safety of supporters’ homes or rented commercial halls for meetings. The opportunity presented by the New York State Constitutional Convention in 1894 interrupted this routine and energized the campaign in unprecedented ways. Optimistic activists hoped they could convince delegates to support an amendment to the state constitution, and etiquette-obsessed socialites opened up a suffrage headquarters at the renowned Sherry’s restaurant. Not to be outdone, affluent opponents challenged their suffrage-seeking sisters. While unsuccessful in amending the constitution, the events of 1894 proved to mainstream activists that under the right circumstances wealthy New Yorkers could become outspoken suffrage advocates.

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Douglass, Frederick. "Weighed in The Balance." In Life and Times of Frederick Douglass. Oxford University Press, 2022. http://dx.doi.org/10.1093/actrade/9780198835325.003.0037.

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The Santo Domingo controversy — Decoration Day at Arlington, 1871 — Speech delivered there — National colored convention at New Orleans, 1872 — Elector at large for the State of New York — Death of Hon. Henry Wilson.

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Mann, F. A. "Where is an Award ‘made’?" In Notes and Comments on Cases in International Law, Commercial Law, and Arbitration, 28–29. Oxford University PressOxford, 1992. http://dx.doi.org/10.1093/oso/9780198257981.003.0007.

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Abstract Part 11 of the English Arbitration Act 1950 deals with the enforcement of certain foreign awards. According to section 35, Part II applies to any award ‘made’ in certain defined territories and conditions. The Arbitration Act 1975 renders Convention awards enforceable in the United Kingdom and by section 7 defines them as awards ‘made ... in the territory of a state, other than the United Kingdom, which is a party to the New York Convention’. This definition corresponds to article I (I) sentence r of the New York Convention. Article V (r) (a) and (e) of the Convention also refers to awards ‘made’ in a certain country, while article V (1) (d) refers to ‘the law of the country where the arbitration took place’. Finally, by Article I of the Geneva Convention of 1927 an arbitral award ‘made’ in accordance with an agreement covered by the Protocol of 1923 shall be recognized as binding and enforceable.

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