Ii of the new york convention of 10 june 1958 on the. To read the public policy defence as a parochial device protective of national political interests would seriously undermine the conventions utility. The application of constitutional due process is traditionally divided into two categories. Arbitration, antisuit injunctions and lis pendens under the. Gicam arbitration centre centre darbitrage du groupement interpatronal du cameroun in douala.
En ce qui concerne larbitrage internationa speciale nexiste a ce jour. Unofficial translation heading 110 ii 54 judgment of the 1st civil court of 7 february 1984 in the case of tradax export s. Elle a consolide deux piliers essentiels du cadre juridique en prevoyant le renvoi obligatoire a larbitrage par les juridictions etatiques, en presence dune convention darbitrage valable, et. International centre for settlement of investment disputes icsid case no. Arbitration is, of course, referred to in article 220 of the treaty of rome. Convention on the recognition and enforcement of foreign arbitral awards, the arbitrability of the subject matter of a dispute may be at issue when a national court is called upon to recognize an arbitration. Rsm production corporation v republic of cameroon icsid case no. Convention on the recognition and enforcement of foreign arbitral awards. The law applicable to veil piercing in international arbitration. Convenzione per il riconoscimento e lesecuzione delle sentenze arbitrali straniere. New york convention because a proper application of french law led to the conclusion that the government was not a party to the arbitration agreement. As of 1 january 2008, 142 states were parties to the new york convention. By bringing together experts and professionals in international arbitration and investment, the conference aimed at promoting a sustainable euromediterranean arbitration community as.
It fixes instead a sjrnple substanuve rule, which holds that an arbitration submission is regular when it is made in wriung. The essence of arbitrage in pure arbitrage, you invest no money, take no risk and walk away with sure pro. Cameroon ratified the icsid convention on 3 january 1967 and the new york convention on 19 february 1988. Article iii of the convention provides that each contracting state shall recognize arbitral awards as binding and. Understanding arbitrage an intuitive approach to financial analysis. A versus amoco iran oil company action to set aside treated as an appeal summary art. Procedural fairness and efficiency in international. Arbitrage in action 27 simple arbitrage of a mispriced commodity. Gur huberman zhenyu wang august 15, 2005 abstract focusing on asset returns governed by a factor structure, the apt is a oneperiod model, in which preclusion of arbitrage over static portfolios of these assets leads to a linear relation between the expected return and its covariance with the factors. The nature and significance of arbitrage hedging and risk reduction.
Arbitration, antisuit injunctions and lis pendens under. This article examines what the law with regard to arbitration, antisuit injunctions and lis pendens from a jurisdictional perspective is. Ii of the new york convention of 10 june 1958 on the recognition and enforcement of foreign arbitral awards. Procedural fairness and efficiency in international arbitration. Procedural fairness and efficiency in international arbitration 111 considered to be constitutional guarantees of an individual in relation to the state and authorities.
The uk supreme court held that, on a proper interpretation of the new york convention, whenever a party resists enforcement under article v1a of the new york convention i. New york conventions basic effort to remove obstacles to enforcement. A fundamental feature of arbitration is that the arbitral award is a final and binding. As will be seen below, although the new york convention provides an international framework, domestic law and applicable arbitration rules play an important role in deciding issues under the new york convention such as. Les sentences arbitrales commerciales internationales sont. As international arbitration has increased, so has the aggregate group of arbitrators expanded in parallel, diversifying. Les sentences arbitrales commerciales internationales sont reconnues par.
Most national laws governing the arbitration process and the convention on the recognition and enforcement of foreign arbitral awards the new york convention require the arbitration agreement to be in writing. An arbitrage opportunity is an investment strategy that gurantees a positive payoff in some contingency with no possibility of a negative payoff and with no net investment. European convention on internatjonal commercial arbltratjon, article ii of the new york convention, which was ratified by decree of 19 february 1960, does not contain a rule that makes a reference to national provlslons. Gold in new york city versus gold in hong kong exploiting. Conflicts of interest are present in most professional activities, not least of which the practice of law, 1 and correspondingly giving rise to the need to adopt the most appropriate methods for the identification, prevention and discouragement of them. Arbitration act of albania republic of albania albanie. Conflicts of interests of arbitrators in international law. The new york convention the rules established by the new york convention on the recognition and enforcement of foreign arbitral awards of 1958, today binding on 142 countries, provide elements of response to the above questions. Camca mediation and arbitration rules commercial arbitration and mediation center for the americas effective march 15, 1996 introduction it is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international investment and trade. The law applicable to veil piercing in international. One of the great lessons of the book is that arbitrage allows the creation of distinct new assets by artfully combining more basic buildingblock assets.
Towards a workable approach to ethical regulation in. This convention is subject to ratification, acceptance or approval by the signatories to this convention. Convention on the recognition and enforcement of foreign. N e n te permanent court cour permanente of arbitration d. Camca mediation and arbitration effective march 15, 1996. By emmanuel gaillard the representations of international. The tool of arbitrage mispricing, convergence, and arbitrage identifying arbitrage opportunities summary endnotes chapter 2.
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