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| chenshujian Diglot Senior Member ChinaRegistered users can see my Skype Name Joined 5451 days ago 122 posts - 139 votes  Speaks: Mandarin*, English Studies: French | Message 1 of 5 16 February 2012 at 7:13am | IP Logged | ||
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"Where a tribunal is appointed under this Agreement, the whole of its award shall be deemed for the purposes of the New York Convention on the Recognition and Enforcement of Arbitral Awards of 1958 to be contemplated by this agreement."
Any lawyer here? Anyone knows about the "New York Convention" or "Arbitral Awards of 1958 "? It would be highly appreciated if anyone would explain the above sentences in the easiest wording possible. It is really difficult for me to understand this sentence. 1 person has voted this message useful | |||
| PillowRock Groupie United States Joined 4735 days ago 87 posts - 151 votes Speaks: English* Studies: Spanish | Message 2 of 5 16 February 2012 at 8:19am | IP Logged | ||
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I'm certainly not a lawyer.
However, from the capitalization pattern I suspect that "New York Convention on the Recognition and Enforcement of Arbitral Awards of 1958" is all one long title. In that case, "for the purposes of the long title" would be one big adverbial phrase (modifying "deemed"). The possessive pronoun "its" refers to the "tribunal" in the first clause of the sentence. Pulling out the couple fairly long modifying phrases / clauses and replacing the one pronoun with the associated noun would leave the basic statement being made. For that kind of legalese, I often find it easier to think about that simpler form of the sentence first and then mentally add the modifiers back in. The basic underlying sentence that I get that way would be: "The whole of a tribunal's award shall be deemed to be contemplated by this agreement." As I said, I'm not a lawyer (and I don't know the rest of the context), so I'm not going to try to interpret exactly what that really means. That's what I see from a pure grammar parsing point of view, though. 1 person has voted this message useful | |||
| hrhenry Octoglot Senior Member United States languagehopper.blogs Joined 5131 days ago 1871 posts - 3642 votes Speaks: English*, SpanishC2, ItalianC2, Norwegian, Catalan, Galician, Turkish, Portuguese Studies: Polish, Indonesian, Ojibwe | Message 3 of 5 16 February 2012 at 8:44am | IP Logged | ||
There are a couple places you can look online for information regarding the New York Convention and its interpretation and enforcement, such as here and here. The first link is particularly useful. R. == 1 person has voted this message useful | |||
| Wulfgar Senior Member United States Joined 4672 days ago 404 posts - 791 votes Speaks: English* | Message 4 of 5 16 February 2012 at 8:52am | IP Logged | ||
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I'm not a lawyer, but I'm guessing "contemplated" has an unexpected (to the uninitiated) meaning here. How can an
award be contemplated by an agreement? Maybe there is a special definition for "contemplate" in the New York Convention, but I doubt it. I hate legalese. If I had to guess, I think it's saying the Agreement's tribunal obeys the New York Convention when it makes an award. 2 persons have voted this message useful | |||
| Elexi Senior Member United Kingdom Joined 5566 days ago 938 posts - 1840 votes Speaks: English* Studies: French, German, Latin | Message 5 of 5 16 February 2012 at 12:56pm | IP Logged | ||
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The wording refers to the international Convention on the Recognition and Enforcement
of Foreign Arbitral Awards agreed in New York in 1958. Its purpose is to allow foreign awards of a court of arbitration made under a state which is a party to the convention (say France) to be enforceable in any other state that is also a party to the convention (say the USA). One of the requirements for the enforcement of a such an award (under Article II) is that there is an agreement in writing between the parties that they will submit to the judgment (and therefore any award) of a tribunal of arbitration. There is no special legal meaning to the wording of the clause. It is perfectly possible for an agreement to contemplate something - for example, a motor insurance agreement contemplates an accident that might take place in the future causing damage to the insured vehicle. This clause is essentially an 'agree in advance that there will be no get out' type of clause. So if, say, a court of arbitration made an award in London against a party to the agreement based in San Francisco, the clause effectively states that the whole of the London tribunal's award has been contemplated by the party as being enforceable under the New York convention. The party based in San Francisco cannot, therefore, go to a court in San Francisco and argue that the London tribunal's award is invalid on the basis that it was not a class or value (etc,) of award contemplated by the contract. Edited by Elexi on 16 February 2012 at 12:59pm 3 persons have voted this message useful |
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