Arbitrability: Fundamentals and Major Approaches

Arbitrability is a comprehensive, precise, and pragmatic book that identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction’s pertinent case law and legislative framework as well as relevant commentary. As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must take into account many complicated factors that relate to public policy and economic priorities as well as international relations.

For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed:

• antitrust/competition;
• bankruptcy/insolvency;
• consumer;
• corporate;
• family/domestic relations;
• intellectual property (copyright, patent, and trademark);
• labor/employment;
• securities; and
• torts.

Building on the jurisdiction-by-jurisdiction analysis, the authors identify major approaches to arbitrability along with key areas in which the selected jurisdictions share similarities and evince differences concerning each of the above-mentioned fields.

Structured in a manner that furnishes clear-cut answers and enables readers to easily find what they are looking for, this unique book sheds light on the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be highly appreciated by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.