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02 December 2016 / Jan-Jaap Baer
Issue: 7725 / Categories: Features , Profession , ADR
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New York state of mind

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Will the Hague Convention be to court litigation what the New York Convention has been to arbitration, asks Jan-Jaap Baer

When it comes to doing business internationally, there are two important and related disputes risks that parties typically address upfront in their contracts:

  • Forum risk—in what forum will any dispute be resolved?
  • Enforcement risk—will you get a court judgment or arbitral award which “travels” well, allowing swift and easy access to the rewards of your victory?

In both areas arbitration currently has benefits over court litigation. This is due to the successful 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) which ensures that:

  • arbitration agreements are widely recognised, whereas choice of court agreements are not always respected under divergent national rules, particularly where cases are brought before a court other than that chosen by the parties;
  • arbitral awards are generally easier to enforce than court judgments, as most countries are party to the New York Convention but there is no real equivalent for court
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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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