지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing.
This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals’ discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.
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참고문헌 (35)
참고문헌 신청
/ / 9 U.S.C. § 207
/ / Status: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
/ / UNCITRAL 2012 Digest of Case Law on the Model Law
/ 1956 / Bernhardt v. Polygraphic Co. of America, 350 U.S. 198, 203-04, 76 S. Ct. 273, 276-77, 100 L. Ed. 199 (1956)
/ 1958 / The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
/ / Status: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
/ / UNCITRAL 2012 Digest of Case Law on the Model Law
/ 1956 / Bernhardt v. Polygraphic Co. of America, 350 U.S. 198, 203-04, 76 S. Ct. 273, 276-77, 100 L. Ed. 199 (1956)
/ 1958 / The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
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