Rethinking the New York Convention

A Law and Economics Approach

By Shen Wei

The New York Convention is regarded as one of the most successful treaties in the past 55 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 offers, for the first time, a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely Darwinian legal theory and game theory. Four key topics are analyzed in the 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, the 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. It explores the topic in a refreshing style and will be useful for anyone who is interested in arbitration or law and economics. (Series: European Studies in Law and Economics - Vol. 11)


378 pages

Publication Date: 5/6/2013
Format: Paper
ISBN: 9781780681122