Unit:
Department of LawLibrary of the School of Law
Author:
Liakopoulou Androniki
Dissertation committee:
Γεώργιος Ορφανίδης, Επιβλέπων Καθηγητής
Στέφανος – Σπυρίδων Πανταζόπουλος, Καθηγητής
Δημήτριος Τσικρικάς, Καθηγητής
Αλεξάνδρα Μικρουλέα, Αναπληρώτρια Καθηγήτρια
Ιωάννης Δεληκωστόπουλος, Επίκουρος Καθηγητής
Νικόλαος Κατηφόρης, Επίκουρος Καθηγητής
Φλώρα Τριανταφύλλου, Επίκουρη Καθηγήτρια
Original Title:
Συγκριτική επισκόπηση νομολογίας δικαστηρίων των ΗΠΑ, της Κίνας, της Ελβετίας και της Γαλλίας ως προς την αναγνώριση και εκτέλεση αλλοδαπών διαιτητικών αποφάσεων στο πλαίσιο της Σύμβασης της Νέας Υόρκης.
Translated title:
Comparative Study in court decisions of the USA, China, Switzerland and France as to the recognition and enforcement of commercial arbitral awards in the framework of New York Convention 1958.
Summary:
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly known as the New York Convention, is one of the most important legislative instruments related to international commercial arbitration. Its significant value lies in securing the uniformity of the rules concerning the validity of the arbitration agreement, as well as the uniformity of prerequisites for the recognition and enforcement of foreign arbitral commercial awards. Nevertheless, despite the uniformity of the rules provided in the New York Convention, the letter of the Convention allows at some points for different interpretation on the part of national courts.
This thesis aspires to present, in a comparative manner, the way the courts of the USA, China, Switzerland and France have interpreted and implemented the grounds for refusal to enforce a foreign arbitral award under Article V of the New York Convention. These countries were chosen based on their long-lasting experience in the field of international commercial arbitration, as they provide seats for popular international arbitration centres, as well as the activity of important companies in their territory. The case studies presented in this thesis have been selected based on their influence in the formulation of tendencies in the way courts approach international commercial arbitration, the fact that they indicate particularities and sensitivities of their national legal systems and, finally, because of their added value to us to draw conclusions as to the most efficient arbitration-friendly practices and approaches.
The basic principles of the New York Convention are presented in the first chapter. Each of the following chapters includes the presentation of the most important court decisions per each of the aforementioned countries. The structure of the analysis in each chapter follows the grounds for refusal as stipulated in Chapter V of the New York Convention. At the end of each chapter, there is a comprehensive presentation of our basic conclusions. The main aim of this thesis is to present the tendencies prevailing in the implementation of Article V by the courts of the four countries in question in a comprehensive way, detect similarities and differences in the case law thereof and, analyze the approaches that could offer significant tools towards uniform, pro-arbitration interpretations.
Main subject category:
Social, Political and Economic sciences
Keywords:
International Commercial Arbitration, Recognition and Enforcement, Arbitral Awards, New York Convention 1958, Court Decesions in the USA, China, Switzerland and France, Comparative Law,
Number of references:
246
