The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law.
Authors
Gautam Mohanty, Assistant Professor at Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Bruno Zeller, Professor of Transnational Law at the University of Western Australia, Perth; Adjunct Professor at Murdoch University, Perth; Fellow of the Australian Institute for Commercial Arbitration, Panel of Arbitrators – MLAANZ; Visiting Professor at Humboldt University, Berlin and a Visiting Professor Stetson Law School, Florida.
Sai Ramani Garimella, Associate professor, South Asian University, New Delhi; Visiting Senior Research Associate at Research Center for Private International Law in Emerging Countries, University of Johannesburg, South Africa.
Summary
The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards.
Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards.
The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards.
It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective.
The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law.
It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception.
The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.
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