Transnational Due Process and Article V(1)(b) of the New York Convention.

Format:

Book

Author/Creator:

Xie, Dan.

Series:

International Arbitration Law Library

Language:

English

Subjects (All):

International commercial arbitration.

Due process of law.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 June 10).

Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Physical Description:

1 online resource (292 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

This book provides an in-depth analysis of the due process defense outlined in Article V(1)(b) of the New York Convention, a key component of international commercial arbitration. Authored by Dr. Dan Xie, the work examines the application and variability of this defense across different legal systems, advocating for a uniform framework consistent with public international law principles. It explores concepts such as the law of the arbitral seat, lex fori, and the principle of 'audiatur et altera pars'. The book targets legal practitioners and academics in the field of international arbitration, offering practical insights and comprehensive coverage of underexplored issues. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

Table of Contents

Foreword

Acknowledgements

Chapter 1 Transnational Due Process and Article V(1)(b) of the New York Convention

§1.01 INTRODUCTION

§1.02 PUBLIC INTERNATIONAL LAW AS A FRAMEWORK FOR THE INTERPRETATION AND APPLICATION OF THE DUE PROCESS DEFENCE

§1.03 GENERAL PRINCIPLES OF LAW AND SUBSEQUENT PRACTICE AMONG STATE PARTIES AS GATEWAYS FOR INTERPRETING TRANSNATIONAL MATERIALS

§1.04 COMPARATIVE LAW METHODS

[A] The Functional Method of Comparative Law

[1] The Role of Comparative Methods Within a Framework for Interpretation of Public International Law

[2] The Selection of Comparative Legal Systems

[B] Comparison of the Interpretation and Application of Article V(1)(b) by State Parties: Subsequent Practice in the Law Applicable to the Due Process Defence and Specific Standards

§1.05 CHAPTER STRUCTURE AND OUTLINE

Chapter 2 The Law Applicable to the Due Process Defence

§2.01 INTRODUCTION

§2.02 THE LAW OF THE ARBITRAL SEAT: Lex Arbitri

[A] Jurisdictions Adopting the Law of the Arbitral Seat

[B] The Application of the Law of the Seat and Choice-of-Law Rules

[1] The Content of the Lex Arbitri

[2] Arbitral Proceedings and the Lex Arbitri

[C] The Relationship Between Article V(1)(b), Article V(1)(d) and Article V(1)(e)

[D] Seat Theory and Delocalisation

[E] Conclusion

§2.03 THE LAW OF THE FORUM WHERE THE RECOGNITION OR ENFORCEMENT IS SOUGHT: Lex Fori

[A] Jurisdictions Applying the Lex Fori

[B] The Application of Lex Fori Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Xie, Dan Transnational Due Process and Article V(1)(b) of the New York Convention

ISBN:

9789403524474