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Full-Text Articles in Law
The New York Convention: A Self-Executing Treaty, Gary B. Born
The New York Convention: A Self-Executing Treaty, Gary B. Born
Michigan Journal of International Law
The thesis of this Article is that uncertainty regarding the Convention’s status as a self-executing treaty of the United States is unwarranted and unfortunate. Instead, both the Convention’s provisions for recognition and enforcement of arbitration agreements (in Article II) and of arbitral awards (in Articles III, IV, V, and VI) should be regarded as self-executing and directly applicable in U.S. (and other national) courts. As discussed in detail below, this is because Article II establishes mandatory, complete, and comprehensive substantive rules, directed specifically to national courts, for the recognition and enforcement of international arbitration agreements. Likewise, the history and purposes …
Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker
Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker
Georgia Journal of International & Comparative Law
No abstract provided.