«ICCA’S GUIDE TO THE INTERPRETATION OF THE 1958 NEW YORK CONVENTION: A HANDBOOK FOR JUDGES INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION ICCA’S ...»
Recalling General Assembly resolution 2205 (XXI) of 17 December 1966, which established the United Nations Commission on International Trade Law with the object of promoting the progressive harmonization and unification of the law of international trade by, inter alia, promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade, Conscious of the fact that the different legal, social and economic systems of the world, together with different levels of development, are represented in the Commission, Recalling successive resolutions of the General Assembly reaffirming the mandate of the Commission as the core legal body within the United Nations system in the field of international trade law to coordinate legal activities in this field, Convinced that the wide adoption of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York on 10 June 1958, has been a significant achievement in the promotion of the rule of law, particularly in the field of international trade, Recalling that the Conference of Plenipotentiaries which prepared and opened the Convention for signature adopted a resolution, which states, ICCA Guide to the NYC
1. Recommends that article II, paragraph 2, of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York, 10 June 1958, be applied recognizing that the circumstances described therein are not exhaustive;
2. Recommends also that article VII, paragraph 1, of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York, 10 June 1958, should be applied to allow any interested party to avail itself of rights it may have, under the law or treaties of the country where an arbitration agreement is sought to be relied upon, to seek recognition of the validity of such an arbitration agreement.
For further information see the UNCITRAL website at www.uncitral.org or contact the UNCITRAL Secretariat, Vienna International Centre, P.O. Box 500, 1400 Vienna, Austria Telephone: (+43-1) 26060-4060 Telefax: (+43-1) 26060-5813 Internet: www.uncitral.org; E-mail: email@example.com
The website is free. It contains a list of the over 1,666 court decisions applying the Convention that have been published since 1976 in the leading publication in this field, ICCA’s Yearbook Commercial Arbitration.
Decisions are indexed by Article of the Convention and by topic. The decisions themselves are published in the volumes of the Yearbook and are also available by subscription in the KluwerArbitration database at www.kluwerarbitration.com. All materials in this database are fully searchable through a variety of search tools.
Case law on the Convention can also be searched online on the New York
Convention website of the University of Miami, USA:
The website is free. It also contains a list of the Convention decisions published in the Yearbook since 1976, indexed by Article and topic, as well as
• the authentic texts of the New York Convention;
• translations of the Convention in several languages;
• a commentary by Professor Albert Jan van den Berg;
• a list of Contracting States.