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Stockholm Arbitration Report (SAR)

Preview Page SAR 2003 - 1

The title of this book edited by New York University (NYU) Professors Lowenfeld and Silberman is incomplete without also presenting its sub-title: “Records of the Conference Held at New York University School of Law on the Proposed Convention.” This two-day conference, which brought together a host of scholars and practitioners involved in what might be termed the “Hague Process,” was held in New York City on April 30 and May 1, 1999. But even the sub-title is somewhat misleading: the discussion held at the 1999 Conference, which is set forth in the opening part of the book, was based on an early draft of the “Hague Convention on Jurisdiction and Recognition of Foreign Judgments,” namely, “Working Document 144” of November 1998, the text of which is attached as an appendix to the book. This draft has since been replaced by other texts reflecting the current state of the multilateral negotiations in The Hague, which have not yet resulted in a final text. Thus, contrary to what the title on the book’s cover suggests, there is no “Hague Convention on Jurisdiction and Judgments.” The book also includes the text of “Working Document 241” of June 1999 and of the October 1999 draft, which are, however, not reflected in either the discussion that forms the introductory part of the book or the Conference Papers that follow. It would have been helpful to the reader if the editors had included a comparative analysis of the November 1998 and June/October 1999 drafts. The final chapter on “Legislating About Foreign Judgments: The Related Project of the American Law Institute,” authored by the two editors in their capacity as co-Reporters for the ALI project, does not accomplish this goal, notwithstanding its value as a more updated overview of the proposed Convention as it stood in late 2000.