Adjournment of enforcement proceedings under article VI of the New York Convention

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Adjournment of enforcement proceedings under ...
Yi Zhou
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December 15, 2009 | History

Adjournment of enforcement proceedings under article VI of the New York Convention

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Article VI of the New York Convention empowers enforcement courts with discretion over adjournment requests brought by the losing party to an arbitration in response to the winning party's application to enforce an arbitral award. In exercising this discretion, courts in different Contracting States do not agree on the applicable factors to be considered. This thesis analyzes the factors courts do and should consider in exercising this discretion. Two conflicting concerns of the New York Convention, namely the elimination of the "double exequatur" requirement and the exercise of judicial control over arbitral awards by the court in the country of origin should be considered in determining appropriate factors and standards. The thesis then adopts textual analysis to identify problems within the provision. An analysis of factors and standards in the case law follows, along with a discussion of the real and deciding factors in exercising the discretion under Article VI.

Publish Date
Language
English
Pages
61

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Book Details


Edition Notes

Thesis (LL.M.)-University of Toronto, 2005.

Includes bibliographical references (leaves 57-61)

ROBARTS MICROTEXT copy on microfiche (1 microfiche).

The Physical Object

Pagination
v, 61 leaves ;
Number of pages
61

ID Numbers

Open Library
OL20809879M
ISBN 10
0494073667

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Download catalog record: RDF / JSON / OPDS | Wikipedia citation
December 15, 2009 Edited by WorkBot link works
October 29, 2008 Created by ImportBot Imported from University of Toronto MARC record