Autonomous v nationalistic interpretation of the 1958 New York Convention
The New York Convention of 1958 owes much of its success to being an international convention setting forth uniform rules. Its uniform enforcement regime not only lowers the parties’ transaction costs of identifying under which circumstances an award will be recognized and enforced across jurisdictions; it also ensures that States cannot justify the failure to comply with their obligations under the New York Convention by reference to domestic law. Still, the courts of different contracting States apply the Convention differently. Oftentimes, this is due to the erroneous understanding of concepts employed by the drafters of the Convention. The presentations to be given at the conference will examine whether a given concept must be interpreted autonomously rather than in light of domestic law, and, where this is the case, will attempt to define these autonomous concepts. The presentations will also identify which domestic law(s) to apply, to the extent that recourse to domestic law(s) is required.
January 21, 2021
Autonomous Interpretation of the New York Convention (Franco Ferrari)
The notion of an arbitral award (Burkhard Hess)
Arbitration agreement - scope issues (Dennis Solomon)
Arbitrability (Winnie Ma)