Comparative International Commercial Arbitration

by Lew, Julian D. M.; Mistelis, Loukas A.; Kroll, Stefan

• ISBN13: 9789041115683
• ISBN10: 9041115684
• Format: Hardcover
• Copyright: 2003-08-01
• Publisher: Aspen Pub

Summary

International arbitration is the preferred method For The settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice. This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws. The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, And The principles pertaining To The arbitration agreement, The formation, role and functions of the arbitration tribunal, And The importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices. At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration And The national laws of the parties, The place of arbitration, And The place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, The effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, And The interaction between commercial and investment arbitrations. No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. it also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties And The composition of the tribunal. The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. it is also an essential guide for those seeking to understand a particular issue in international arbitration

Table of Contents

Foreword
Summary Table of Contents
Table of Contents
Table of Abbreviations
Arbitration as a Dispute Settlement Mechanism	p. 1
Regulatory Framework for Arbitration	p. 17
Forms of Arbitration	p. 31
Essential Characteristics of International Commercial Arbitration	p. 49
Juridical Nature of Arbitration	p. 71
Arbitration Agreements - Autonomy and Applicable Law	p. 99
Arbitration Agreements - Validity and Interpretation	p. 129
Drafting of the Arbitration Agreement	p. 165
Arbitrability	p. 187
Selection and Appointment of Arbitrators by Parties and Institutions	p. 223
Impartiality and Independence of Arbitrators	p. 255
Rights and Duties of Arbitrators and Parties	p. 275
Challenge, Removal and Replacement of Arbitrators	p. 301
Determination of Jurisdiction	p. 329
Arbitration and the Courts	p. 355
Multiparty and Multicontract Arbitration	p. 377
Determination of Applicable Law	p. 411
Applicable Substantive Law	p. 439
Arbitration and European Law	p. 475
Commencement of Arbitration	p. 505
Arbitration Procedure	p. 521
Taking Evidence in International Arbitration	p. 553
Interim and Conservatory Measures	p. 585
Arbitration Award	p. 627
Challenges to Award	p. 663
Recognition and Enforcement of Foreign Arbitral Awards	p. 687
Arbitration with Government and State Owned Entities	p. 733
Arbitration of Investment Disputes	p. 761
Abbreviated Bibliography	p. 805
Table of International Conventions and Instruments	p. 817
Table of Arbitration Rules	p. 827
Table of National Laws	p. 837
Table of Arbitration Awards	p. 851
Table of National and International Court Decisions	p. 865
Subject Index	p. 905
Table of Contents provided by Blackwell. All Rights Reserved.