Rethinking the New York Convention

Description

The New York Convention is regarded as one of the most successful treaties in the past fifty-five years. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely Darwinian legal theory and game theory.brbrFour key topics are analysed in this book the evolution of the treaty, the competition among various jurisdictions, lex mercatoria and governing law in arbitration, and the doctrine of public policy. This choice of key topics offers the opportunity to look into these so-called core dilemmas surrounding the New York Convention from different angles, inspiring the reader to think outside the box. In addition, against the background of the current financial crisis, this book focuses on the use of the New York Convention in the context of global governance and discusses the need for a reform of the existing regime of cross-border transactions and activities.brbrRethinking the New York Convention A Law and Economics Approach explores the topic in a refreshing style and will be of use for anyone who is interested in arbitration or law and economics.brbrbrThis book is a brave initiative, clearly marking off the authors analysis from existing research in the field. Dr Shen is to be warmly congratulated on making a fresh and important contribution to this field; this book deserves every success and will surely become an essential work of reference.brSimon Roberts, Professor in Law, London School of Economicsbr