Reinmar Wolff (ed.), New York Convention. Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10
If arbitration is commonly considered to constitute the dispute resolution system of choice for international commercial transactions, this is not only because of its particular advantages as compared to adjudication by national courts but also due to the
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If arbitration is commonly considered to constitute the dispute resolution system of choice for international commercial transactions, this is not only because of its particular advantages as compared to adjudication by national courts but also due to the tremendous success that the “New York Convention” on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 has had as an international instrument of uniform law. The preface to this new Commentary rightly claims that the Convention is “one of the most effective international instruments (if not the most effective) in the field of commercial law.” The continuing appeal it exerts on states from around the world is shown by the fact that the number of Member States given in the preface as of August 2012—an impressive 147 states— has already increased by the time of this review by one, with the accession of Sa˜o Tome´ and Prı´ncipe on 20 November 2012. Given the importance of the New York Convention for international commercial dispute resolution, it is vital to have access to a reliable source of reference with regard to the problems arising in its application and the solutions that have been proposed by courts and commentators in the many states in which the Convention is applicable. With this new commentary, edited by Reinmar Wolff, an experienced arbitration lawyer and Assistant Professor at the University of Marburg, Germany, both practitioners and academics alike are now provided with an up-to-date, comprehensive and reliable analysis of the legal issues involved in recognizing and enforcing arbitral awards under the New York Convention. The analysis is arranged in the format of a “civil law commentary,” that is, it strictly proceeds from the individual articles and their specific requirements. This allows for quick and
D. Solomon (*) Juristische Fakulta¨t, Universita¨t Passau, Innstraße 39, 94032 Passau, Germany e-mail: [email protected] C. Herrmann et al. (eds.), European Yearbook of International Economic Law 2014, European Yearbook of International Economic Law 5, DOI 10.1007/978-3-642-40913-4_19, © Springer-Verlag Berlin Heidelberg 2013
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easy access to the treatment of particular problems. However, the authors never limit themselves to a mere technical interpretation of the Convention’s provisions but consistently take into account the broader policy issues involved, their place in construing and applying the Convention, and the possibilities of adapting the Convention to the changing demands of international commerce. The range of authors contributing to the commentary is international, although there is a clear preponderance of commentators with a German legal background. This “German twist,” however, does not result in any kind of national bias in the substance of the commentary, which takes a decidedly supranational approach, appropriate to its subject, and provides a wealth of material and references to scholarly works and, above all, court decisions from an impressive range of different contracti
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