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Fouchard Gaillard Goldman on International Commercial Arbitration

Fouchard Gaillard Goldman on International Commercial Arbitration

Author: Emmanuel Gaillard; John Savage
Publisher: Kluwer Law International
ISBN: 9789041110251
Published In: September 1999
Format: Hardback , 1320 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular.

As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.

Part I: Definition and Sources

I. Definition of International Commercial Arbitration
Section I. Definition of Arbitration
Section II. The Meaning of Commercial
Section III. The Meaning of International

II: Sources of International Commercial Arbitration
Section I. Public Sources
Section II. Private Sources

Part II: The Arbitration Agreement

I: The Autonomy of the Arbitration Agreement
Section I. Autonomy of the Arbitration Agreement from the Main Contract
Section II. Autonomy of the Arbitration Agreement from all National Laws

II: Formation of the Arbitration Agreement
Section I. Capacity and Power
Section II. Consent
Section III. Arbitrability
Section IV. Form and Proof

III: Effects of the Arbitration Agreement
Section I. Positive Effects of the Arbitration Agreement
Section II. Negative Effects of the Arbitration Agreement

IV: Assignment and Expiration of The Arbitration Agreement
Section I. Assignment of the Arbitration Agreement
Section II. Expiration of the Arbitration Agreement

Part III: The Arbitral Tribunal

I: The Constitution of the Arbitral Tribunal
Section I. National and International Rules
Section II. International Practice

II: The Status of the Arbitrators
Section I. Arbitrators as Judges
Section II. Arbitrators as Service Providers

Part IV: The Arbitral Procedure

I: The Law Governing the Procedure
Section I. Autonomy of the Law Governing the Arbitral Procedure
Section II. Determining the Law Governing the Arbitral Procedure

II: The Arbitral Proceedings
Section I. Commencement of the Arbitral Proceedings
Section II. Organization of the Arbitral Proceedings
Section III. Pleadings and Evidence

III: Provisional and Conservatory Measures in the Course of the Arbitration Proceedings
Section I. Jurisdiction of the Arbitral Tribunal and the Courts
Section II. Different Types of Provisional or Conservatory Measures

IV: The Arbitral Award. Section I. Concept and Classification of Arbitral Awards
Section III. Form of the Award
Section IV. Immediate Effects of the Award

Part V: The Law Applicable to the Merits of the Dispute

I: Applicable Law Chosen by the Parties
Section I. Formulation and Timing of the Parties' Choice of Law
Section II. The Subject Matter of the Parties' Choice
Section III. Limits on the Effectiveness of the Parties' Choice of Law

II: Applicable Law Chosen by the Arbitrators
Section I. The Method Used by Arbitrators in Selecting the Applicable Law
Section II. The Subject Matter of the Arbitrators' Choice
Section III. Limits on the Effectiveness of the Arbitrators' Choice

Part VI: Court Review of Arbitral Awards

I: French Law
Section I. Procedure for the Review by the Courts
Section II. The Extent of the Review by the Courts

II: International Conventions
Section I. The 1958 New York Convention
Section II. The 1961 European Convention

Annexes:
Annex I. France
Annex II: Switzerland
Annex III: UNCITRAL Model Law
Annex IV: 1958 New York Convention
Annex V: 1961 European Convention
Annex VI: 1975 Panama Convention
Annex VII: AAA International Arbitration Rules
Annex VIII: ICC Rules of Arbitration
Annex IX: LCIA Rules
Annex X: UNCITRAL Arbitration Rules

Bibliography
Table of Arbitral Awards
Table of Arbitration Rules
Table of International Instruments
Table of Judicial Decisions
Table of Legislation
Alphabetical Index

`All current issues in arbitration are discussed from a comparative legal perspective, with many citations from national and international literature and jurisprudence. I truly recommend this to anyone who is interested in this complex field of arbitration and would like to acquire a thorough knowledge of it. ' Prof.Mr. P. Sanders, Nederlands Tijdschrift voor Arbitrage, 1:1 (as translated from the original Dutch) ` This is a scholarly work: and it sets the standard for any serious commentary in English or French in this difficult comparative field. ' Arbitration International, 16:01 (2000) ` This will be an indispensable addition to the library of every international arbitrator and a valuable reference to everyone on matters of law and practice. ' Nael G. Bunni, Arbitration - The Journal of the Chartered Institute of Arbitrators, 66:4 (2000)