Suchergebnisse

La 4e de couverture indique : "Written from a comparative perspective, with an eye for international instruments and guidelines, this book deals with the particulars of international commercial arbitration. In an easily accessible manner it considers among others: • the characteristics of international commercial arbitration ; • the advantages and perceived disadvantages of international commercial arbitration ; • the pros and cons of ad hoc and institutional arbitration ; • the laws applicable in international commercial arbitration ; • the essentials of the arbitration agreement and arbitrability ; • the establishment and composition of the arbitral tribunal ; • the duty of disclosure and the challenge of arbitrators ; • the end of the arbitrators' mandate and their replacement ; • the organisation of the arbitration proceedings ; • the powers, duties and liability of arbitrators ; • the jurisdiction of the arbitral tribunal ; • the course of the arbitration proceedings, from the request for arbitration to the award ; • the form and content of the award ; • the recognition, enforcement and annulment of the award. Everything is presented practically and analytically, drawing among others on case law and the experience of the author. Where indicated national arbitration acts as well as standing arbitration rules are compared and differences highlighted. For those who want to get acquainted with international commercial arbitration or seek guidance with regard to a specific question that may arise in the course of an international commercial arbitration this book provides a convenient reference work."

Full-text available at SSRN. See link in this record. ; With its focus on private legal systems, the private ordering literature sets up a seeming dichotomy between public court adjudication of disputes, applying publicly created laws, and private arbitral adjudication of disputes, applying privately developed rules. Trade association arbitrations fit neatly into the latter category; public courts fit almost as neatly into the former. But while the dichotomy highlights the cases of most interest in the private ordering literature, it is too simple. It gives the appearance of an all-or-nothing choice - all public dispute resolution or all private dispute resolution - when in fact hybrid choices are common. This article seeks to add to the private ordering literature in two ways. First, it argues that international commercial arbitration, while sometimes cited as an example of private ordering, is in fact - a hybrid case - with important elements of public involvement supplementing the use of a private decision maker. Too often, international arbitration is grouped with trade association arbitration in ways that blur the important distinctions between the two. Not all arbitration is alike, and not all parties that agree to arbitrate opt out of the legal system altogether. Second, this article examines attributes of international transactions that help explain party choice among these different mechanisms of resolving disputes. It considers four attributes: (1) distance - geographic, as well as cultural and political - between the parties; (2) the complexity of the good or service; (3) the clarity of the applicable national law; and (4) the importance of speedy resolution of disputes. Trade association arbitration is most likely to be used for transactions in simple goods, although less likely in international transactions involving greater distances than domestic transactions. International commercial arbitration is the more likely choice for international transactions, except in cases in which the applicable law ...

This title endeavours to repair the long-standing problem of updating the official text of the Federal Arbitration Act (FAA). In this book, Thomas E. Carbonneau proposes to transform the FAA into a genuine national law of arbitration, based exclusively on the federal rules applicable to arbitration. He argues for necessary change in the federal law of arbitration that will not only benefit commercial interests and the US economy, but also provide protection for smaller individual interests, such as consumers and employees.