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1
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.
2
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.
5
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.
8
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.
11
Thadikkaran, Manu. "Enforcement of Annulled Arbitral Awards: What Is and What Ought to Be?" Journal of International Arbitration 31, Issue 5 (1 de outubro de 2014): 575–608. http://dx.doi.org/10.54648/joia2014028.
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The rival approaches for enforcement of annulled arbitral awards have arisen from the differing interpretations of the New York Convention by the sovereign states. The internationalist approach which justifies the enforcement of annulled awards relies on the use of permissive 'may' in Articles V(1)(e) and VII of the Convention. On the other hand, the classic approach gives a mandatory effect to Article V(1)(e) of the New York Convention, thereby recognizing annulment as a ground for non-enforcement of an award. The ideal solution, however, would be to establish a balanced approach wherein annulled awards are not recognized in any jurisdiction as a general rule, while identifying the exceptional circumstances that would justify the enforcement of annulled awards. Moreover, this balanced approach can be efficiently put into practice through the formation of an international body formed under the New York Convention, which would have the sole authority to annul awards. The power of annulment, thus, would be transferred from national courts to a supranational body, thereby ensuring predictability and uniformity in the recognition and enforcement of international awards without posing a threat to the sovereignty of any state.
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Kurniawan, Faizal. "AN ANNULLED AWARD CANNOT BE ENFORCED UNDER THE NEW YORK CONVENTION". Jurnal Dinamika Hukum 17, n.º 2 (31 de maio de 2017): 171. http://dx.doi.org/10.20884/1.jdh.2017.17.2.784.
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Arbitral award is final and binding. A concept of “binding” is fundamental in International arbitral award. Nevertheless, the focus commonly concerns about the annulment and/or deferment of International arbitral award so that it could not be implemented. However, the New York Convention does not govern this issue. In addition, international arbitral awards must meet the following requirements: the award is made in the territory other than conflicting countries, and/ or it is not considered a domestic awards in the State where recognition and enforcement is sought. This is important because the enforcement proceedings between foreign and domestic awards are different. This article elaborates the principles of the recognition and enforcement of a foreign award and the grounds or criteria for refusing to enforce an award are limited to the specific defenses i.e. public policy. The party opposing enforcement bears the burden of proofin the existence of the enumerated defenses.Keywords: binding, annullment, deferment, acknowledgement and enforcement of arbitral award.
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Anderson, D. H. "British Accession to the UN Convention on the Law of the Sea". International and Comparative Law Quarterly 46, n.º 4 (outubro de 1997): 761–86. http://dx.doi.org/10.1017/s0020589300061200.
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On 21 July 1997 the Foreign and Commonwealth Secretary announced the United Kingdom's decision to accede to the United Nations Convention on the Law of the Sea (“the Convention”), a decision which was acted upon four days later in New York. The United Kingdom thus became the 119th State to establish its consent to be bound by the Convention and the 82nd party to the Agreement of July 1994 on the Implementation of its Part XI (“the Implementation Agreement”).
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Betancourt, Julio César. "State Liability for Breach of Article II.3 of the 1958 New York Convention". Arbitration International 33, n.º 2 (29 de maio de 2017): 203–47. http://dx.doi.org/10.1093/arbint/aix004.
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Kurochkina, Ekaterina Mikhailovna. "Legal Problems of Enforcement of Foreign Arbitral Awards set aside at the Place of Arbitration". Международное право, n.º 1 (janeiro de 2023): 40–49. http://dx.doi.org/10.25136/2644-5514.2023.1.39941.
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The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention) allows recognition and enforcement of arbitral awards in most countries of the world. Court practice of the states has revealed some problems of application of the 1958 New York Convention. One of such problems is recognition and enforcement of the arbitration award cancelled by the state court in the place where it was made. In the process of research of legal consequences of execution of annulled arbitral awards both general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal prediction) were used. The scientific novelty of this work is the rationale that the recognition and enforcement of annulled arbitral awards lead to negative consequences. Enforcement of arbitral awards annulled at the place of their rendering undermines the status of such institution as arbitral dispute resolution and the whole system of acts aimed at regulating the activity of arbitration. Execution of such decisions leads to a violation of the principles of legal certainty, lis pendens, res judicata, pacta sunt servanda, and most importantly - violates the rights of participants in arbitral proceedings. It is noted that attempts are being made to amend the mechanism of recognition and enforcement of arbitral awards, established by the 1958 New York Convention, with regard to the enforcement of annulled arbitral awards. It is proposed to make such changes through the adoption of an additional protocol to the 1958 New York Convention or a new international treaty.
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Kurochkina, Ekaterina Mikhailovna. "Legal Regulation of Cross-Border Movement of Arbitral Awards". Международное право, n.º 4 (abril de 2022): 72–79. http://dx.doi.org/10.25136/2644-5514.2022.4.39337.
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Enforcement of arbitral awards in foreign countries is carried out on the basis of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention). Provisions of the New-York Convention of 1958 are rather laconic and some of them cause difficulties in enforcement. Such a provision is subparagraph (e) of Article 1 of the 1958 New York Convention. «е» of paragraph 1 of article V, which provides for the possibility to execute an arbitral award annulled at the place where it was rendered. Similar norms are provided for in the Russian legislation. Using general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal forecasting) the analysis of execution of annulled arbitral awards in foreign countries was carried out. Scientific novelty of the present research consists in substantiation of the fact that the arbitral award and the acts adopted in respect of this award form a single totality, each element of which should be taken into account in the enforcement of the arbitral award. It is found that the enforcement of the annulled arbitral awards is contrary to the purpose of the 1958 New York Convention and the logic of its provisions. The enforcement of such decisions also violates the rights and interests of the parties to the arbitral proceedings. It is proposed to amend the current legal regulation and to provide for a clear provision prescribing the refusal to recognize and enforce a foreign arbitral award that has been set aside by a State court in the place where it was made.
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Knieper, Judith. "The UNCITRAL Transparency Standards in ISDS as a Result of Multi-lateral Negotiation". European Investment Law and Arbitration Review 1, Issue 1 (1 de janeiro de 2016): 155–67. http://dx.doi.org/10.54648/eila2016010.
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This article describes without taking any position the new transparency standards in investor-state dispute settlement of the United Nations Commission on International Trade Law (UNCITRAL), consisting of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (effective date: 1 April 2014), the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014 – the ‘Mauritius Convention on Transparency’) and the Transparency Registry, which is the repository for the publication of information and documents in treaty-based investor-state arbitration and is – thanks to donor funding of the European Union and of OFID (the OPEC Fund for International Development) – now fully operational. The text proposes the wide promotion of the UNCITRAL Transparency Standards since they are beneficial to the system of investment arbitration as such.
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DeLuca, Lauren K. "Section Five: New York State Adoption Law and the Convention on the Rights of the Child". CUNY Law Review 12, n.º 2 (1 de julho de 2009): 531. http://dx.doi.org/10.31641/clr120217.
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Howe, Michael. "A Case Note on the UK Supreme Court’s Recent Decision in General Dynamics v. Libya: Hard Cases (Don’t Always) Make Bad Law". Journal of International Arbitration 39, Issue 2 (1 de março de 2022): 277–98. http://dx.doi.org/10.54648/joia2022012.
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In General Dynamics v. Libya, the UK Supreme Court was asked to decide whether the only means for serving on a sovereign state an order enforcing an international arbitral award under the New York Convention was via diplomatic channels. The Supreme Court decided, by a bare majority, that service via diplomatic channels was mandatory. This case note reviews and analyses the Supreme Court’s decision. State Immunity, Service, Proceedings, Sovereign State, Enforcement Order, Hard Cases, UK Supreme Court
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Holt, Wythe, e James R. Perry. "Writs and Rights, “clashings and animosities”: The First Confrontation between Federal and State Jurisdictions". Law and History Review 7, n.º 1 (1989): 89–120. http://dx.doi.org/10.2307/743778.
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In the spring of 1789, officials elected under the Constitution met in New York to begin the work of organizing the new federal government. The federalists had won the battle for ratification, but the war to establish an accepted and respected federal structure was yet to be won. The opponents of centralized government had been subdued, but not conquered. Issues that had caused heated debate in the Constitutional Convention and in the state ratifying conventions lay just beneath the surface and could be revived easily. Any resurgence could shake the foundation of the new federal edifice.
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Chan, Darius, e Teo Jim Yang. "Ascertaining the Proper Law of an Arbitration Agreement: The Artificiality of Inferring Intention When There Is None". Journal of International Arbitration 37, Issue 5 (1 de setembro de 2020): 635–48. http://dx.doi.org/10.54648/joia2020030.
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The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: starting with the Singapore Court of Appeal’s decision in BNA v. BNB [2019] S.G.C.A. 84, followed by two decisions from the English Court of Appeal in Kabab-Ji v. Kout Food Group [2020] EWCA Civ 6 and Enka Insaat Ve Sanayi A.S. v. OOO ‘Insurance Company Chubb’ [2020] EWCA Civ 574. This article undertakes a comparative analysis of English and Singapore case law and argues that the common law should take party autonomy more seriously by ascertaining whether the parties have a clear and real intent to choose a particular system of law to govern their arbitration agreement. The current reliance on presumptions or inferences of what the parties must have intended is in reality an artificial arrogation to judges and arbitrators on what ‘commercial’ sensibilities businessmen should be taken to have. In the absence of a clear and real intent, arbitrators and state signatories to the New York Convention ought to apply the law of the seat as the default choice of law rule in the New York Convention. governing law, proper law, arbitration agreement, choice of law, conflict of laws, Sulamérica, Kabab-Ji, Enka, BNA, separability, validation principle, Article V(1)(a), New York Convention.
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Barnashov, Alexey, e Patricia Nacimiento. "Recognition and Enforcement of Arbitral Awards in Russia". Journal of International Arbitration 27, Issue 3 (1 de junho de 2010): 295–306. http://dx.doi.org/10.54648/joia2010016.
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Recognition and enforcement are crucial elements of arbitration. Without the possibility for the winning party to enforce the arbitral award in its desired country, the whole arbitration was pointless. However, the enforcement proceedings are the only way for state courts to take influence on the outcome of the arbitral trial. Thus, even though uniform recognition and enforcement of foreign arbitral awards is the main goal of the almost worldwide applicable New York Convention of 1958, the interpretation of the provisions of this Convention is still up to national courts. While for example judges in Germany strictly stick to the rules set up by the Convention, courts in Russia tend to stress the meaning of these provisions. The following article is meant to point out difficulties in enforcing arbitral awards in Russia, as there is no predictable jurisdiction yet, when it comes to the enforcement of foreign arbitral awards. The article specifically will focus on the broad application of the public policy rule by Russian state courts.
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Khan, Fatima, e Cecile Sackeyfio. "Situating the Global Compact on Refugees in Africa: Will it Make a Difference to the Lives of Refugees “Languishing in Camps”?" Journal of African Law 65, S1 (17 de março de 2021): 35–57. http://dx.doi.org/10.1017/s0021855321000012.
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AbstractThe protection of refugees languishing in camps in Africa has posed a challenge for the international community for far too long. The OAU Refugee Convention does not reflect refugee rights or provide a durable solution for refugees in host states. Over the last 50 years there have been multiple attempts to resolve what remains one of the greatest challenges facing Africa. Each resolution has clarified the steps required to enhance the situation for those most affected and to provide solutions for refugee-hosting countries in need of strategic policies and funding. This article considers recent developments in refugee law since the adoption of the New York Declaration. It specifically evaluates the benefit of the Global Compact on Refugees (GCR) for African states and the refugees they host. Furthermore, because the OAU convention is the first refugee convention to make international solidarity (ie burden-sharing) a state obligation, the article assesses how the GCR builds on the convention.
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Schulz, Alexandre Buono. "A Ordem Pública na Convenção de Nova Iorque sobre Reconhecimento e a Execução de Sentenças Arbitrais Estrangeiras". Revista Brasileira de Arbitragem 10, Issue 38 (1 de junho de 2013): 65–95. http://dx.doi.org/10.54648/rba2013029.
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ABSTRACT: The 1958 New York Convention authorizes the courts to refuse recognition and enforcement of foreign and "non-domestic" arbitral awards in case of violation of the public policy of that country. However, there being at least five identifiable levels of public policy (domestic, international, regional, transnational and truly international), the Convention does not specify which one(s) should be considered by the State court. This articles suggests that only the truly international, regional and the relevant country's international public policy be considered by the State court. The refusal, based on public policy, albeit very frequently raised by the parties, is and shall be accepted only on an extraordinary basis. Nevertheless, should such intervention be appropriate and necessary, it has to be effective and broad. It means that both merits and facts have to be subject to control, as a result of state courts' duties towards the society.
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Joelson, Mark R. "The Interplay of International, Federal and State Law in US Arbitration". Journal of International Arbitration 24, Issue 4 (1 de agosto de 2007): 379–88. http://dx.doi.org/10.54648/joia2007026.
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The US legal rules governing arbitration must be distilled from a potent mixture of international law, federal law and local (state) law. Congressional legislation implements the New York Convention treaty obligations of the United States with respect to the enforcement of international arbitration agreements. The federal legislation also expresses a strong national policy favoring arbitration which pre-empts contravening state laws and court decisions. Nonetheless, state legal rules remain critical in providing the essence of arbitral contract law. This article discusses the interaction among these different principles as they have developed in specific cases, many of them decided by the US Supreme Court.
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Hayes, Sandy. "Technology Toolkit Literary Road Trip". Voices from the Middle 15, n.º 1 (1 de setembro de 2007): 56–58. http://dx.doi.org/10.58680/vm20076579.
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Hayes recognizes the value of connections kids make when authors and settings strike a familiar note. She invites readers to participate in a new event at this year’s NCTE Annual Convention in New York City: The 21st-Century Literary Map Project gallery, where attendees are encouraged to examine affiliates’ literary maps, see digital or digital/print hybrid maps, and create literary maps of their own region or state. She also provides numerous online links to literary maps of all kinds.
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Popa Tache, Cristina Elena. "State Immunity, Between Past and Future". Access to Justice in Eastern Europe 6, n.º 1 (13 de fevereiro de 2023): 97–110. http://dx.doi.org/10.33327/ajee-18-6.1-a000121.
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Background: State immunity, a subject rarely encountered in the East, is being brought to light more and more often lately. In the process of being detached from customary law, it has been subject to several attempts at codification. These attempts appear to have been overtaken by developments in doctrine, which demonstrates the existence of potentially delicate situations of public international law. In this context, we recall the United Nations Convention on Jurisdictional Immunities of States and their Property (New York, December 2004), which has not yet entered into force.1 In this context, we also note the initiatives for the establishment of the European Court of State Immunity contained in the European Convention on State Immunity of 1972 and its Additional Protocol, which has never been operational.2 Methods: This article aims to take stock of the status quo of the doctrine of state immunity in international law as a whole by highlighting the existing normative aspects in relation to the problems of implementation. Results and Conclusions: The arguments and conclusions are intended to underline the importance of understanding the reality, in particular, of how this doctrine works together with its exceptions. The method of scientific introspection based on primary and secondary data from scientific journals, books, documents, expert opinions, and other publications has been used to develop this article.
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Sukaniasa, Komang. "PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)". Ganesha Civic Education Journal 1, n.º 1 (9 de outubro de 2019): 81–94. http://dx.doi.org/10.23887/gancej.v1i1.66.
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Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.
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Garland, L. ""Irrespective of Race, Color or Sex:" Susan B. Anthony and the New York State Constitutional Convention of 1867". OAH Magazine of History 19, n.º 2 (1 de março de 2005): 61–64. http://dx.doi.org/10.1093/maghis/19.2.61.
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Wiseman, Clare M. "Section Nine: Article 2 of the Convention on the Rights of the Child and New York State Law". CUNY Law Review 12, n.º 2 (1 de julho de 2009): 572. http://dx.doi.org/10.31641/clr120221.
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Kim, Jin Woo, e Lucy M. Winnington-Ingram. "Investment Court System Under EU Trade and Investment Agreements: Addressing Criticisms of ISDS and Creating New Challenges". Global Trade and Customs Journal 16, Issue 5 (1 de maio de 2021): 181–92. http://dx.doi.org/10.54648/gtcj2021020.
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The Investment Court System (‘ICS’) included in the European Union (‘EU’)’s recent investment and trade agreements provides for the creation of a permanent first instance tribunal (‘First Instance Tribunal’) and an appellate tribunal (‘Appeal Tribunal’) drawn from a pre-selected roster of tribunal members. The ICS imposes mandatory transparency of proceedings, as well as a strict code of conduct applicable to all tribunal members. The ICS is expected to address several long-standing criticisms levied against investor-State dispute settlement (‘ISDS’). At the same time, the ICS raises new challenges that must be resolved for its effective operation. These must be addressed first and foremost by the EU and those pioneering trading partners who have so far committed to the ICS; only once resolved will the ICS gain traction with ISDS stakeholders. EU Investment Court System, CETA, EU–Singapore Investment Protection Agreement, EU–Vietnam Investment Protection Agreement, EU–Mexico Global Agreement, enforcement of ICS awards, ICSID Convention, New York Convention, ISDS
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Warikandwa, Tapiwa Victor, e Lineekela Usebiu. "A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration". De Jure 55, n.º 1 (14 de agosto de 2023): 259–79. http://dx.doi.org/10.17159/2225-7160/2023/v56a18.
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International business arbitration is not covered by Namibia's present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to international arbitration, the Act has many flaws. Modern commercial arbitrations are increasingly being guided by the Model Law on International Commercial Arbitration (MLICA) of UNCITRAL (the United Nations Commission on International Trade Law) or by state legislation that has been influenced by it. It is undeniable that Namibia must embrace MLICA, including the majority of the 2006 revisions of the MLICA, in order to participate in the global economic village. Furthermore, Namibia has not yet ratified the 1958-adopted New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CREFAA), which has been hailed as the most effective treaty governing global trade. This article suggests that Namibia should implement both the MLICA and the CREFAA. If this strategy is not adopted, businesses in Namibia will be hesitant to engage in international business transactions due to the lack of legal certainty that the New York Convention and contemporary domestic arbitration legislation bring.
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Pérez-Bernabeu, Begoña. "Article: State Aid Through Arbitration Awards: EU Law as a Ground for Non-enforcement". Intertax 51, Issue 3 (1 de março de 2023): 219–31. http://dx.doi.org/10.54648/taxi2023006.
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The relationship between international investment law (IIL) and EU law is not without problems as evidenced by the Achmea ruling. These tensions have become more evident in the Micula case in which the commission resorted to the state aid rules in order to attack arbitration awards arising from intra-EU Bilateral investment treaties (BITs) (deeming its enforcement as state aid). Despite its two rulings relating to the Micula saga, the Court of Justice of the European Union (CJEU) has not yet validated (or not) the application of state aid rules to the enforcement of intra-EU awards. Hopefully, the upcoming general court’s judgment shall rule on the merits of the Micula case thereby dispelling doubts. Nevertheless, it is foreseeable that further clarifying judgments will be required concerning the recognition and enforcement of intra-EU awards in non-EU jurisdictions. This article reviews the current situation to show that, while state aid rules could adequately prevent the enforcement of an intra-EU award within EU borders, they lack effectiveness for blocking enforcement beyond its borders. Arbitration award, intra-EU BIT, State aid, Tax benefit repeal, Damages, Award recognition, Award enforcement, Public policy, Micula, Achmea, ICSID Convention, New York Convention.
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Wald, Arnoldo. "Les récents progrès de la jurisprudence brésilienne en matière d’arbitrage commercial international". ASA Bulletin 24, Issue 2 (1 de junho de 2006): 206–15. http://dx.doi.org/10.54648/asab2006026.
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Brazilian arbitration practice was influenced by three landmark events: the enactment, in 1996, of the Brazilian Arbitration Act (Federal Law No. 9.307), the adhesion, in 2002, to the New York Convention and the enactment of Constitutional Amendment No. 45, on 31 December 2004, which transferred to the Superior Court (?Superior Tribunal de Justiça?) the competence for the recognition of foreign arbitral awards previously held by the Supreme Court (?Supremo Tribunal Federal?). The Brazilian Arbitration Act gave great impulse to the use of arbitration domestically, whilst the ratification of the New York Convention introduced Brazil in the group of receptive countries and in the list of recommended places of arbitration. Nonetheless, the transfer of competence to the Superior Court triggered a new trend in local courts more favorable to arbitration and more in line with international practice. For instance, the validity of arbitration clauses signed by state-owned companies and of arbitration clauses included in contracts that were not signed by all the parties have been finally recognized. These cases clearly illustrate this important movement towards a more comprehensive approach from Brazilian judges with respect to arbitration and their concern to provide a more stable legal environment for the development of local economy.
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Miller, Mattew P. "Section Seven: Compliance Issues between New York State Education Law and the Convention on the Rights of the Child". CUNY Law Review 12, n.º 2 (1 de julho de 2009): 548. http://dx.doi.org/10.31641/clr120219.
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Reed, Lucy F. "Narrow Exceptions: A Review of Recent U.S. Precedent Regarding the Due Process and Public Policy Defenses of the New York Convention". Journal of International Arbitration 25, Issue 6 (1 de dezembro de 2008): 649–56. http://dx.doi.org/10.54648/joia2008052.
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U.S. law has been remarkably consistent in its policy of enforcing foreign arbitral awards under the regime established by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However U.S. courts, when interpreting the treaty, provide for a baseline of procedural fairness for the litigants. On the Convention’s fiftieth anniversary, this note summarizes the state of U.S. law regarding two exceptions to the enforcement of arbitral awards: the due process exception and the public policy exception. It concludes that U.S. courts interpret them narrowly, to police the parties’ bargain of arbitrating fairly and in good faith.
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Karolak, Michał. "Enforcement of Arbitral Awards Against States - a Risk to Peaceful Relations?" Studia Administracji i Bezpieczeństwa 10, n.º 10 (30 de junho de 2021): 87–96. http://dx.doi.org/10.5604/01.3001.0015.6244.
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The aim of this paper is to present and critically appraise the norms of international law relating to the enforcement of arbitral awards against States. It canvasses the main international instruments governing the recognition and enforcement of foreign arbitral awards (notably the New York Convention). It then elucidates the doctrine of sovereign immunity in customary international law – and an attempt to codify it – as a hurdle to enforcement of such awards in domestic courts. The analysis investigates whether the doctrine acts as a safeguard against jeopardizing peaceful relations between States while promoting international commerce, foreign direct investment and trade relations between State and foreign non-State actors. Diplomatic protection is examined as an alternative to international and national adjudication
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Lippman, Jonathan. "The Road to a Constitutional Convention: Reforming the New York State Unified Court System and Expanding Access to Civil Justice". Pace Law Review 38, n.º 1 (12 de outubro de 2017): 57. http://dx.doi.org/10.58948/2331-3528.1957.
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Larson, Arthur. "Wheeler & Becker, Discovering The American Past - A Look At The Evidence". Teaching History: A Journal of Methods 17, n.º 1 (1 de abril de 1992): 30–31. http://dx.doi.org/10.33043/th.17.1.30-31.
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This work is offered as a supplemental book for survey courses in American history. In the preface, the authors state that they believe their "doing history" approach effective for "seminars, small classes, and large lecture classes with discussion sections." Eleven episodes are presented for analysis: early explorer-Indian contacts, the religious trial of Anne Hutchinson in Massachusetts Bay (1637), a demographic study of social trends in the Massachusetts Bay colony, eye-witness accounts of the "Boston Massacre," the 1794 congressional election in Philadelphia, debates on manhood suffrage in the New York constitutional convention of 1821, the conditions and attitudes of girl workers in the textile factories of Lowell, Massachusetts, stories and songs of blacks under slavery, U.S. politics and diplomacy leading to the Mexican War, the question of black-soldier enlistment on both sides of the Civil War, and the work of New York cartoonist Thomas Nast.
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Landbrecht, Johannes, e Andreas R. Wehowsky. "Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and the Approaches to Enforcing Awards Set Aside?" Journal of International Arbitration 37, Issue 6 (1 de dezembro de 2020): 679–719. http://dx.doi.org/10.54648/joia2020034.
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The rendering of a final arbitral award can be the starting signal for a multiplicity of state court proceedings. Not all of those will be illegitimate, for instance if an award creditor needs to commence several enforcement proceedings in order to enforce the whole award. More critical, however, and more likely to invite abuse, is the relationship of setting aside and enforcement. Where an award debtor fails to request that an award be set aside, or fails to raise grounds for setting aside, or loses setting aside proceedings, should this award debtor be allowed to rely on those very same grounds again in subsequent enforcement proceedings? Or in turn, if the award is set aside, should the award creditor be allowed to enforce it? All this raises questions of how to coordinate setting aside and enforcement. While coordination mechanisms exist under domestic law, it is submitted that coordination at the transnational level leaves much to be desired. We will therefore take critical inventory of the current level of coordination at the domestic and the New York Convention level, assessing its respective strengths and weaknesses, also in light of well-known doctrines such as the choice of remedies concept and the judgment route. We will then propose wording for a new international treaty, complementing the New York Convention, to improve coordination of setting aside and enforcement and discuss the feasibility of such a project.
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Stanič, A. "ICSID Trumps State Aid in the UK but Uncertainty Remains Regarding Enforcement of New York Convention Awards in post-Brexit UK". European State Aid Law Quarterly 19, n.º 2 (2020): 165–71. http://dx.doi.org/10.21552/estal/2020/2/8.
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Marinai, Simone. "Stateless Status and Expulsion from Italian Territory". Italian Review of International and Comparative Law 2, n.º 1 (30 de setembro de 2022): 154–62. http://dx.doi.org/10.1163/27725650-02010008.
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Abstract In this judgment the Corte di Cassazione addresses the issue of the prohibition on the expulsion of stateless persons guaranteed by Article 31 of the New York Convention of 1954 Relating to the Status of Stateless Persons and affirms that it represents an exception to the general rule under international law according to which every State has, in principle, the right to expel at any moment an alien from its territory. The decision is particularly interesting because it allows a reflection on the vulnerable condition of stateless persons, on the distinction between de jure and de facto statelessness, and on the burden and standard of proof in establishing statelessness.
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Ernst, Daniel R. "The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938". Law and History Review 27, n.º 2 (2009): 331–72. http://dx.doi.org/10.1017/s0738248000002030.
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In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In September 1938 Charles Wyzanski, a former member of the Solicitor General's office, warned Attorney General Homer Cummings that the anti-bureaucracy clause was “the advance signal of an approaching partisan attack on a national scale.” Wyzanski was right: in early 1939 a bill endorsed by the American Bar Association's House of Delegates was introduced in Congress by Representative Francis Walter and Senator Marvel Mills Logan. Just as the New York provision “would have almost certainly destroyed the effectiveness of the state administrative agencies,” the New Dealer Abe Feller warned Cummings's successor, so would the Walter-Logan bill hamstring the federal government. When President Franklin Roosevelt vetoed the bill in December 1940, he declared it part of a national campaign that had begun with the anti-bureaucracy clause.
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Wengler, Susan. "Branding matters: Reimagine your library services". College & Research Libraries News 79, n.º 3 (27 de fevereiro de 2018): 118. http://dx.doi.org/10.5860/crln.79.3.118.
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While attending ACRL 2017 in Baltimore, I came upon a poster titled “Cultivating Curiosity: Intersecting Century-Old Services for 21st Century Impact,” which suggested that a simple rebranding of traditional reference services could markedly increase student engagement. I was intrigued by these findings but somewhat skeptical. How could such a low-cost, low-tech strategy generate such high-impact results? Thankfully, presenters Jennifer Hunter and Christina Riehman-Murphy of the Penn State University Libraries-Abington College were on hand to answer all my questions. Hunter and Riehman-Murphy outlined their program and outcomes, and they convinced me: branding matters. I left the convention center inspired, ready to bring their marketing blueprint back to Queensborough Community College (QCC) of the City University of New York (CUNY).
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Ivanov, D. V., e J. M. Aliyev. "Global Forum on Migration: a New Stage of State Cooperation on Forced Migration". Journal of Law and Administration 20, n.º 1 (30 de maio de 2024): 92–102. http://dx.doi.org/10.24833/2073-8420-2024-1-70-92-102.
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Introduction. The 1951 Convention relating to the Status of Refugees is the legal basis of the global system of international protection of forced migrants, but it does not cover all contemporary aspects of international legal regulation of forced migration. UN member states cannot agree on the adoption of a new international legal act of universal character that would replace the 1951 Convention, which was adopted more than seven decades ago [13. P. 4-5]. “Migration crisis” of 2015–2016 forced the world community to return to the search for solutions to the problems of international legal regulation of forced migration. First, UN member states adopted the New York Declaration on Refugees and Migrants in 2016. According to Annex I to the Declaration, UNHCR was tasked with developing a new international legal act on forced migration within two years. The UNHCR, as part of its annual report in 2018, presented a draft Global Compact on Refugees, which was adopted by the UN General Assembly. Global Compact on Refugees drafted by UNHCR, although not legally binding, enshrined mechanisms for equitable burden-sharing among states. One such mechanism is the Global Refugee Forum, which is to be held every four years. This article focuses on the first and second Global Refugee Forums and their outcomes, which took place in 2019 and 2023.Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: historical and legal comparative method; method of system-structural analysis; formal logical method.Research Findings. The analysis revealed that the Global Compact on Refugees 2018 is the compromise that UN member states agreed to. It is not legally binding. One of the main problems that continue to the present day is the lack of mechanisms for equitable burden and responsibility sharing among states. The Global Compact enshrined mechanisms for predictable and equitable burden and responsibility sharing among all UN member states. One of these is the Global Refugee Forum.Discussion and Conclusion. In the study, the authors formulated the preconditions for the adoption and analyzed the content of the Global Compact on Refugees 2018, and substantiated the importance of the Compact at the current stage of international legal regulation of forced migration. It is established that this Compact does not completely eliminate the problem of unfair burden sharing. The authors analyze the activities of the first and second Global Forum on Refugees, concluding that the forum has its own mechanisms for summarizing results, analyzing achievements, and biannual meetings of high-level officials are envisaged. The authors conclude that such a mechanism could have a positive impact on improving international legal regulation of forced migration and providing international protection to forced migrants.
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Suwarsit, Suwarsit, e Yoyo Arifardhani. "The Settlement of Mining Disputes and The Implementation of International Arbitration Awards". Pandecta Research Law Journal 17, n.º 1 (4 de julho de 2022): 18–28. http://dx.doi.org/10.15294/pandecta.v17i1.32557.
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Article 154 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining has regulated dispute resolution through domestic courts and arbitration. In fact, the dispute resolution such as the divestment cases of PT Newmont Nusa Tenggara and PT Kaltim Prima Coal was settled at the International Arbitration Institute. Furthermore, the resolution of the dispute over the divestment of mineral and coal mining shares against PT Newmont Nusa Tenggara and PT Kaltim Prima Coal through the International Arbitration Institute was accepted and some were rejected. The purpose of this research is to find the settlement of mineral and coal mining disputes and the implementation of international arbitration decisions. The results of the study show that in addition to resolving mineral and coal mining disputes, contracts made by mining business actors with the Government of Indonesia, both Contracts of Work and Coal Mining Concession Work Agreements, dispute resolution is carried out through International Arbitration institutions besides being regulated through courts and domestic arbitration. The implementation of international arbitral awards according to Indonesian law must meet several conditions, one of which is that the decision is handed down by an arbitrator or arbitral tribunal in a country with the Indonesian state bound by agreements, both bilaterally and multilaterally. Regarding the recognition and implementation of international arbitration awards, if the starting point is Article 3 in the New York Convention, a request for recognition and execution from one of the participating countries to a participant in another country must be executed, but Article 5 of the New York Convention provides the possibility for a participating country to refuse it.
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Liu, Francis K. "Section Six: The Integration of Children with Disabilities into Mainstream Society: Convention on the Rights of the Child and New York State Law". CUNY Law Review 12, n.º 2 (1 de julho de 2009): 540. http://dx.doi.org/10.31641/clr120218.
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Макарова, Оксана, e Oksana Makarova. "Ensuring Safety of Individuals Contributing to Prevention and Detection of Corruption-Related Crimes". Journal of Russian Law 3, n.º 7 (25 de junho de 2015): 0. http://dx.doi.org/10.12737/11756.
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The objective of any government is to ensure safety of individuals, contributing to prevention and detection of crime. The problem of protecting whistleblowers, who receive inadequate attention from the national legislator, is one of the most important problems. The Russian Federation has accepted obligations to take appropriate measures to ensure effective protection of individuals reporting about corruption, as a member state to the United Nations Convention against corruption, adopted in New York on 31 October 2003 and ratified by the Federal law on 08.03.2006 N 40-FZ (Art. 32-33). However, it should be recognized that the national legislation does not contain all of the Convention principles, and Russia takes insufficient measures to implement the international community’s recommendations on the application of security measures to protect whistleblowers from the adverse consequences for them. The article analyzes the current legislation regulating the system of measures of state protection of individuals ensuring criminal justice in general, and whistleblowers in particular. The article notes that the legislation, regulating the state protection of individuals, contributing to the prevention and detection of crime, to a large extent takes into account the fundamental international principles and standards for ensuring safety of individuals in criminal proceedings. However, there remains the problem of insufficient protection measures in relation to whistleblowers, which is one of the reasons for poor efficiency of prevention and detection of corruption crimes. To solve this problem, the author proposes some measures that strengthen protection of whistleblowers to a maximum extent, as well as contribute to further improvement of the legislation in the sphere of state protection of individuals promoting criminal justice.
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Burns, Jennifer. "O Libertarian, Where Is Thy Sting?" Journal of Policy History 19, n.º 4 (outubro de 2007): 452–70. http://dx.doi.org/10.1353/jph.2008.0001.
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With the 2008 Democratic National Convention slated for Denver, the libertarian concerns of Western voters, denizens of the so-called purple states, are suddenly of high interest. Pundits and commentators see in the “live and let live” ethos of the West a chance for the Democracy to reshape its faltering coalition and enter the twenty-first century rejuvenated and strong. Ryan Sager, a critic from the right, notes that from the Democratic perspective, “the West looks abundant with opportunities. And the same might be said of a long-neglected, long-suffering political demographic: libertarians.” This optimism in part underlay the party's choice of Denver over the traditional Democratic bastion of New York. Colorado is often identified as a libertarian-leaning state, and it was where the Libertarian Party was founded. But what exactly is libertarianism?
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Elamsius Sinaga, Gregorius Made. "INCAPACITY OF A PARTY IN ARBITRATION: GENERAL APPROACHES AND LIMITATIONS OF DEFENSE". Transnational Business Law Journal 3, n.º 2 (31 de agosto de 2022): 95–110. http://dx.doi.org/10.23920/transbuslj.v3i2.1366.
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According to Article V(1)(a) of the New York Convention, the recognition and enforcement of an arbitral award may be refused, if the parties involved, under the ‘law applicable to them’, were under some incapacity when entering into an arbitration agreement. However, this specific provision is considered one of the most uncertain aspects of the Convention as it has caused challenges from its structure and wording which do not explicitly set the concept of capacity nor the governing law and other essential circumstances related to this defense. Furthermore, the absence of standards in this defense makes a significantly different interpretation by courts causing legal uncertainties to all the parties involved in the proceeding. In this paper, the author examines general approaches for determining the governing law on a capacity of a party in arbitration and analyzes limitations on the defense of incapacity in arbitration-friendly jurisdictions. The approach employed is normative juridical, relying on qualitative analysis of secondary data. This paper covered the choice of law method and the substantive law method in determining the law governing capacity of a party in entering an arbitration agreement. In the end, the paper explored various laws that limit the state from invoking incapacity initially established in the Lizardi case in France.