International Commercial Arbitration Different Forms and their Features

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 9781107033481
Published In: March 2013
Format: Hardback , 451 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.

• Assessment of different forms of international commercial arbitration allows lawyers to make informed choices regarding the arbitration rules that shall regulate disputes

• Provides lawyers with access to the most important features of arbitral procedures in a variety of countries

• Identifies the variety of laws and rules which apply to arbitration, thereby assisting lawyers drafting commercial agreements or working on solutions to conflicts to assess which parameters have to be taken into consideration in their evaluation

List of contributors	vii
Introduction Giuditta Cordero-Moss	1
Part I: Arbitration law’s significance for international disputes	5
1 International arbitration is not only international Giuditta Cordero-Moss	7
2 International arbitration and domestic law Luca Radicati di Brozolo	40
Part II: Ad hoc arbitration	59
3 Ad hoc arbitration v. institutional arbitration Carita Wallgren-Lindholm	61
4 The UNCITRAL Arbitration Rules and their use in ad hoc arbitration Corinne Montineri	82
Part III: Institutional arbitration: Features of selected arbitration institutions in Europe	107
5 Arbitration in Austria: Features of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) Werner Melis	109
6 Arbitration in Denmark: Features Georg Lett	130
7 Arbitration in Germany: Features of the German Institution of Arbitration Jens Bredow	144
8 Arbitration in Italy: Features of the Milan Chamber of Arbitration Stefano Azzali	188
9 Rules of Arbitration of the International Chamber of Commerce Simon Greenberg and Anders Ryssdal	204
10 Arbitration in London: Features of the London Court of International Arbitration Johannes Koepp, Dorine Farah and Peter Webster	217
11 Arbitration in Norway: Features of the Oslo Chamber of Commerce Stephen Knudtzon	271
12 Arbitration in Russia: Features of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation Alexander S. Komarov	299
13 Arbitration in Sweden: Features of the Stockholm Rules Henrik Fieber and Eva Storskrubb	321
14 Arbitration under the Swiss Rules Daniel Wehrli and Marco Stacher	345
Part IV: New trends in international arbitration	379
15 ‘Domesticating’ the New York Convention: The impact of the US Federal Arbitration Act George A. Bermann	381
16 New trends in international commercial arbitration in Latin America Diego P. Fernández Arroyo	398
Index	427