Details
This practical guide to the international arbitration process provides invaluable support and guidance, enabling you to comply effectively with procedures through every step of the arbitration process. Comparative Law of International Arbitration:
- Provides a definition of international arbitration
- Offers a detailed and comparative analysis of all aspects of arbitration law
- Informs your decisions about which jurisdictions’ and institutions’ rules you wish to be bound by
- Sets out rules and procedures and shows how to progress a case
- Includes coverage of awards
- Discusses the arbitration agreement ND and includes the UNCITRAL Model law and the New York Convention 1958
- Reproduces important European legislation and references US law
This updated reprint of Droit comparé de l'arbitrage international (“Comparative Law of International Arbitration”) by Jean-François Poudret and Sébastien Besson is published by arrangement with Schulthess Juristische Medien AG, Zurich, Switzerland. Professor Jean-François Poudret and Sébastien Besson Translated by Stephen Berti and Annette Ponti.
Definition of sources of international arbitration
- Definition of arbitration
- Distinctions between arbitration and related institutions
- The international character of arbitration
- Sources
The law governing the arbitration (“lex arbitrii”) and the role of the seat of the arbitral tribunal
- The concept of “lex arbitrii”
- The role of the seat
- Delocalised arbitration
- The concept of the seat
- Subsidiary or alternative connecting factors
- Determining and transferring the seat
- The arbitrators and the “lex arbitrii” of the seat
- Practical criteria for choosing the seat of the arbitration
Definition and essential elements
- Definition and essential elements
- The separability of the arbitration clause
- The form of the arbitration agreement
- The parties to the arbitration
- The law applicable to the arbitration agreement
- Interpretation and the scope of the arbitration agreement
- Arbitrability
- The effects of the arbitration agreement
- Extinguishment of the arbitration agreement
The arbitral tribunal
- Composition of the arbitral tribunal
- Appointment of the arbitrators
- Independence and challenge
- Replacement of an arbitrator
- The status of the arbitrator
- The arbitrator's mission
Control of the arbitral tribunal's jurisdiction
- The arbitral tribunal's control of its own jurisdiction
- Control by the courts at the seat of the arbitration
- Direct control by the ordinary courts
- Indirect control by a court seized with the merits: priority of the arbitral tribunal or lis pendens?
The arbitral procedure
- The rules applicable to the arbitral procedure
- The conducts of the arbitral procedure
- Provisional measures
- Evidence
The law applicable to the merits of the dispute
- The problem
- The private international law specific to international arbitration
- Rules of law, general principles, trade usages, alias lex mercatoria
- The limits of choice of the parties and arbitrators
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Amicable composition, ex aequo et bono arbitration and equity clauses
The award
- The various types of awards
- Arbitrators' deliberations and vote
- The form and contents of the award
- Rectification, interpretation and additional awards
The judicial control of the award by the court and the seat of the arbitration
- Challenges and recognition
- Jurisdiction
- Decisions which can be challenged
- Time-limit for challenging an award and effect on the enforcement
- Grounds for challenge
- The effects of a successful challenge
- Waiver of the challenges
- Revocation of the award
Recognition and enforcement of arbitral awards
- The recognition and enforcement of awards in the state of the seat of arbitration (domestic recognition)
- Recognition and enforcement of foreign awards
- Procedure
General conclusions
- Similarities and differences: an assessment
- Some doubts to dissipate, gaps to fill and defects to correct
- The necessity of harmonising relations between state jurisdictions in international arbitration matters
"These authors have here collected a mass of helpful materials; and their measured discussion is the best documented on this elusive subject." - Arbitration International
