LAWIN

Tag: Conventions

  • Convention on the Elimination of All Forms of Discrimination Against Women 1979

    Signification of Convention on the Elimination of all Forms of Discrimination Against Women 1979 (CEDAW) A multilateral agreement recognising the civil, political, economic, social and cultural rights of women. It was adopted by the General Assembly of the United Nations on 18 December 1979 […]

  • Convention on the Rights of the Child 1990

    Signification of Convention on the Rights of The Child 1990 (CRC) A multilateral agreement recognising the civil, political, economic, social and cultural rights of children. It was adopted by the General Assembly of the United Nations on 20 November 1989 and entered into force on 2 September 1990,

  • CEDAW Committee

    Signification of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee was established by the Convention on the Elimination of all Forms of Discrimination […]

  • Convention on the Rights of Persons With Disabilities 2008

    Signification of Convention on the Rights of Persons With Disabilities 2008 (CRPD) A multilateral agreement recognising the civil, political, economic, social and cultural rights of persons with diabilities. It was adopted by the General Assembly of the United Nations on 13 December 2006 and […]

  • History of the International Labour Organization

    History of the International Labour Organization (ILO) Origins of the ILO An important part of the scheme for a League of Nations embodied in the Peace Treaty of Versailles in 1919 involved the creation of a new International Labour Organization. The Labour part of the Treaty (Part XIII.) rested on the principle laid down in…

  • United Nations Convention on Contracts for the International Sale of Goods

    United Nations Convention on Contracts for the International Sale of Goods Legal Materials The text of the CISG is published with supporting information by the United Nations Audiovisual Library which includes summary, legal instruments, documents, bibliography, procedural history, status (select “Historic Archives” and then “List of Instruments”). Pace Law School also provides the text of…

  • Arbitration: Right to a Fair Hearing

    Arbitration: Right to a Fair Hearing     Article V(1)(b) requires that parties be afforded a fair hearing that meets the minimal requirements of fairness. The applicable minimum standards of fairness were described by the United States Court of Appeals for the Seventh Circuit as including “adequate notice, a hearing on the evidence, and an…

  • Invalidity of Arbitration Agreement

    Invalidity of Arbitration Agreement     Article V(1)(a) also provides a ground for refusal where the arbitration agreement “referred to in article II” is “not valid under the law to which the parties have subjected it, or failing any indication thereon, under the of the country where the award was made” . This ground for…

  • Arbitration: Incapacity of Party

    Arbitration : Incapacity of Party   The types of issues arising under this ground include the “incapacity” defences, such as mental incompetence, physical incapacity, lack of authority to act in the name of a corporate entity or a contracting party being too young to sign (minority). In addition, the term “incapacity” in the context of…

  • Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal

    Arbitration: Limited discretionary power to enforce in the presence of grounds for refusal     Courts generally refuse enforcement when they find that there is a ground for refusal under the New York Convention. Some courts, however, hold that they have the power to grant enforcement even where the existence of a ground for refusal…

  • Arbitration: Grounds for refusal (Article V) in general

    Arbitration: Grounds for refusal (Article V) in general This phase is characterized by the following general principles: – no review on the merits; – burden on respondent of proving the exhaustive grounds; – exhaustive grounds for refusal of recognition and enforcement; – narrow interpretation of the grounds for refusal; – limited discretionary power to grant…

  • Original Arbitration agreement or certified copy (Article IV(1)(b))

    Original Arbitration agreement or certified copy (Article IV(1)(b)) This provision merely requires that the party seeking enforcement supply a document that is prima facie a valid arbitration agreement. At this stage the court need not consider whether the agreement is “in writing” as provided by Article II(2) or is valid under the applicable law.1 The…

  • Arbitration: Requirements to be fulfilled by petitioner (Art. IV)

    Arbitration: Requirements to be fulfilled by petitioner (Art. IV) At this phase of the proceedings, the petitioner has the burden of proof and has the duty to submit documents as listed in the New York Convention (Article IV). The petitioner only has to submit prima facie evidence. Phase I is controlled by a pro-enforcement bias…

  • 1958 Convention: Road map to article II

    1958 Convention: Road map to article II When seised of challenges to the validity of an arbitration agreement for the purposes of Article II of the Convention, the court should ask itself the following questions: 1. Does the arbitration agreement fall under the scope of the Convention? 2. Is the arbitration agreement evidenced in writing?…

  • 1958 Convention: Generally accepted principles

    1958 Convention: Generally accepted principles The Convention has not explicitly endorsed the “competencecompetence” principle, the limited review of arbitration agreements by courts at a pre-arbitration stage or the severability principle. Nevertheless, its object and purpose are better fulfilled if those principles are actually followed.   Arbitrators have jurisdiction to determine their own jurisdiction The “competence-competence”…