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The European Convention on International Commercial Arbitration

The European Convention on International Commercial Arbitration

Author: Gerold Zeiler; Alfred Siwy
Publisher: Kluwer Law International
ISBN: 9789041185907
Published In: January 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
The European Convention on International Commercial Arbitration provides a comprehensive overview of the provisions of the European Convention on International Commercial Arbitration (“ECICA” or the “Convention”) concluded on 21 April 1961, in Geneva and certain related topics of international commercial arbitration for a better understanding of the relevance of some of these provisions. Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the ECICA has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention’s provisions, annexes, subsequent agreements and relevant case law and scholarship.

What’s in this book:

Following three introductory chapters—on subjective arbitrability, applicable law and ordre public in enforcement procedures—the book provides detailed commentary and analysis of each of the Convention’s articles in turn. Detailed answers will be found to such questions as the following:
- Which law is applicable to the substance of a dispute within the Convention’s scope of application?
- Can a defective arbitration clause be “saved” and, if so, how?
- In which circumstances can awards be enforced which have been set aside in the state of origin?
- In which circumstances may courts decide in a matter governed by an arbitration agreement?
In contrast to the other major international commercial arbitration body of rules—the New York Convention—the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth.

How this will help you:

Providing a practical and academic commentary to every article of the Convention, this book will also report on all the case law on the European Convention. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages and disadvantages of each of the Convention’s provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book’s masterful explication of this powerful instrument in international commercial arbitration.
Editors

Contributors

Preface

PART I
Introduction
Alfred Siwy & Andrea de la Brena

CHAPTER 1
Subjective Arbitrability in International Commercial Arbitration

CHAPTER 2
The Applicable Law in International Commercial Arbitration

CHAPTER 3
The Role of Ordre Public in Enforcement Proceedings

PART II
Preamble of the Convention
Andrea de la Brena

ARTICLE I
Scope of the Convention
Andrea de la Brena

ARTICLE II
Right of Legal Persons of Public Law to Resort to Arbitration
Lisa Beisteiner

ARTICLE III
Right of Foreign Nationals to Be Designated as Arbitrators
Gerold Zeiler

ARTICLE IV
Organization of the Arbitration
Markus Schifferl

ARTICLE V
Plea as to the Arbitral Jurisdiction
Lisa Beisteiner

ARTICLE VI
Jurisdiction of Courts of Law
Alfred Siwy

ARTICLE VII
Applicable Law
Alfred Siwy

ARTICLE VIII
Reasons for the Award
Alfred Siwy

ARTICLE IX
Setting Aside of the Arbitral Award
Gerold Zeiler

Annexes

ANNEX I
Composition and Procedure of the Special Committee Referred to in Article IV of the Convention
Andrea de la Brena

ANNEX II
Status of the Convention

Table of Cases

Index