RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS AND ITS CURRENTS BARRIERS SUCH AS FORUM NON C

The book focuses on the Forum Non Conveniens doctrine, its emergence, elements and rationale (both in the United States and England), with a special focus on the interpretation of the doctrine under the provisions laid down in the New York Convention. From the analysis of several US Courts decisions, and the interpretation of essential articles of the New York Convention, Raphael Jadão stablishes the importance of a jointly application of Articles III and V of the New York Convention. Moreover, this book approaches the application of such doctrine and its relation with the habit of US Courts of dismissing enforcement actions of foreign arbitral awards. The author demonstrates the importance of a jointly interpretation of the New York Convention articles, as will be examined herein.