Comparative International Commercial Arbitration - Hardcover

Lew, Julian D. M.

Hardcover

ISBN 10: 9041115684 ISBN 13: 9789041115683

Verlag: Kluwer Law International, 2001

Über diesen Titel

Reseña del editor:

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

Reseña del editor:

In particular, the treatise
- Analyses the fundamental nature and structure of international commercial arbitration;
- Examines the role, rights and duties of the arbitral tribunal and the selection and appointment of arbitrators;
- Assesses the role and reviews the processes of the main international arbitral institutions;
- Contains a comprehensive review of the procedure from commencement to termination;
- Looks at the taking of evidence and the granting provisional measures, and assesses the on-going role of state courts in the arbitral process;
- Includes comprehensive commentary on institutional and international rules of arbitration, as well as ad hoc arbitration;
- Discusses in detail issues of applicable law, including the application and role of general principles of law, the lex mercatoria and the relevance of extra-legal standards; and
- Contains appendices which include the text of international arbitration rules, arbitration laws and relevant international convention as well as comparative tables and indices. The book is based on the authors' experience in teaching practitioners and students from different legal backgrounds worldwide, as well as in arbitration practice. Accordingly, it will be of particular assistance to practitioners, graduate students, and in-house counsel of international trade law, international litigation and commercial arbitration, as well as academics and libraries.

Über diese Auflage

• Verlag: Kluwer Law International
• Erscheinungsdatum: 2001
• ISBN 10: 9041115684
• ISBN 13: 9789041115683
• Einband: Tapa dura
• Anzahl der Seiten: 952