The 1958 New York Convention in Action
By: Marike Paulsson
About This Book
The 1958 New York Convention in Action, with its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application, provides a clear conceptual framework to the reader to gain an understanding on the Convention, that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in national legal orders where it is intended to produce an effect, but also to discover practical ways to respond to distinct questions of application. In short, this book brings the text of the Convention to the days of modern trade by revisiting the drafting history of the articles and thereby brings the drafters' intent back to the surface.
AI Overview
Title: "The 1958 New York Convention in Action" by Marike Paulsson
Publication Date: 2016
Publisher: Wolters Kluwer
Key Themes
Textual Analysis and Judicial Practice: The book provides an in-depth objective account of the 1958 New York Convention (NYC) through textual analysis and judicial practice. It examines how the Convention's drafting history reflects in judicial decisions.
International Arbitration: The book focuses on the worldwide application of the NYC since its creation in 1958. It explores the use and interpretation of international agreements, particularly in the context of international arbitration.
Interpretation of Treaties: The book discusses the interpretation of treaties, specifically using the Vienna Convention on the Law of Treaties (VCLT) as a framework. It highlights the importance of understanding the text, context, and purpose of treaties in their interpretation.
Landmark Cases: The author has studied over 1,700 decisions rendered under the Convention since its inception in 1958. The book presents a succinct selection of landmark cases per article, providing a comprehensive understanding of the Convention's application in practice.
Plot Summary
The book delves into the complexities and nuances of the 1958 New York Convention, a treaty that has been widely adopted by 156 states. It explores the difficulties and challenges associated with the Convention while offering potential solutions. The author, Marike Paulsson, aims to rejuvenate the text by redefining its meaning and relevance in contemporary international arbitration.
Critical Reception
Academic Praise: The book has been praised for its insightful content, plausible method, and elegance. It is noted for its adroit combination of textual analysis and judicial practice, making it a valuable resource for those specializing in arbitration.
Specialist Review: Francisco González de Cossío, in a review published in Arbitration International, highlights the book's significance in providing a coherent account of the Convention's application. He notes that the book incrementally knits a theoretical mat to cover problems in arbitration, particularly those touching upon matters of principle.
Relevance and Impact: The book is recognized as one of the publisher's bestsellers, indicating its relevance and impact in the field of international arbitration. It has been discussed in academic circles and is considered a valuable contribution to the ongoing debates about the NYC.
Conclusion
"The 1958 New York Convention in Action" by Marike Paulsson is a comprehensive and insightful book that provides a detailed analysis of the NYC. It offers a nuanced understanding of the Convention's application, its challenges, and its relevance in contemporary international arbitration. The book's critical reception highlights its value as a resource for specialists in arbitration, making it a significant contribution to the field.