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Comparative International Commercial Arbitration

Comparative International Commercial Arbitration

Author: Julian D.M. Lew; Loukas A. Mistelis; Stefan Kröll
Publisher: Kluwer Law International
ISBN: 9789041115683
Published In: May 2003
Format: Hardback , 992 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice.

This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws.

The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices.

At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations.

No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal.

The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration

Arbitration as a Dispute Settlement Mechanism.
Regulatory Framework for Arbitration.
Forms of Arbitration.
Essential Characteristics of International Commercial Arbitration. 5: Juridical Nature of Arbitration.
Arbitration Agreements ¿ Autonomy and Applicable Law.
Arbitration Agreements ¿ Validity and Interpretation.
Drafting of the Arbitration Agreement.
Arbitrability.
Selection and Appointment of Arbitrators by Parties and Institutions.
Impartiality and Independence of Arbitrators.
Rights and Duties of Arbitrators and Parties.
Challenge, Removal and Replacement of Arbitrators.
Determination of Jurisdiction.
Arbitration and the Courts.
Multiparty and Multicontract Arbitration.
Determination of Applicable Law.
Applicable Substantive Law.
Arbitration and European Law.
Commencement of Arbitration.
Arbitration Procedure.
Taking Evidence in International Arbitration.
Interim and Conservatory Measures.
Arbitration Award.
Challenges to Award.
Recognition and Enforcement of Foreign Arbitral Awards.
Arbitration with Government and State Owned Entities.
Arbitration of Investment Disputes.
Abbreviated Bibliography.
Table of International Conventions and Instruments.
Table of Arbitration Rules.
Table of National Laws.
Table of Arbitration Awards.
Table of National and International Court Decisions.
Subject Index.