Arbitration / Mediation / Litigation

International Commercial Arbitration Different Forms and their Features

By Giuditta Cordero-Moss
Cambridge University Press March 2013

Specifications

ISBN-13
9781107033481
Publisher
Cambridge University Press
Publication
March 2013
Format
Hardback , 451 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Giuditta Cordero-Moss
Universitetet i Oslo

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