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Procedural Law in International Arbitration
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Procedural Law in International Arbitration

by Georgios Petrochilos (Senior Associate, Freshfields Bru...
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Product Details:

Format: Hardback
Publisher: Oxford University Press
Language: English
Dimensions: 24.00 X 3.00 X 17.00
Publisher Code: 9780199249480
Date Added: 2018-08-03
Search Category: International
Jurisdiction: International

Overview:

International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime of arbitrations involving sovereign states, and the human rights considerations in international arbitration.
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Table Of Contents:

1. Introduction ; I - The Area of Inquiry: International Commercial Arbitration ; II - The Object of Inquiry ; III - The Purpose and Method of the Inquiry ; IV - The Structure of this Book ; 2. The Theoretical Thinking on the Law of the Arbitration ; I - Introduction to the Notions ; II - Seat Theories ; III - Legal Localization ; IV - Approaches to Delocalization ; V - Concluding Remarks: Desiderata ; 3. The Law of the Arbitration in National Laws ; I - Localization by Choice of Law: Its Shortcomings and Abandonment ; II - The Basic Tenets of Modern Arbitration Law ; III - Supervision and Support at the Seat of an Arbitration ; 4. Human Rights Law Requirements in International Arbitration ; I - International Law Creates Obligations for States ; II - An Arbitration Agreements is a Waiver of the Right to State-Administered Justice ; III - A Right to a 'Fair Arbitration'? ; IV - Are Arbitral Tribunals Bound by the ECHR? ; V - An International Obligation to Supervise and Assist Arbitral Proceedings? ; VI - Conclusions ; 5. Procedural Law and Rules in Arbitral Practice ; I - What is 'Procedure' and 'Procedural Law' in Arbitral Practice? ; II - A Survey of Arbitration Rules ; III - Overview of Arbitration Practice with Particular Reference to ICC Practice ; IV - General Principles of Arbitral Procedure ; 6. Arbitrations Involving a State or an International Organization ; I - Introduction ; II - The Iran-United States Claims Tribunal ; III - Foreign Investment Treaty Arbitration ; IV - Arbitrations between Private Parties and International Organizations ; V - States as Arbitrating Parties ; VI - Conclusions ; 7. Enforceability of Awards Annulled in their State of Origin ; I - Article V(1)(e) within the General Convention Framework ; II - The Case Law ; III - The Proper Limits for Discounting Annulment ; IV - Policy Considerations: the Case for Restraint ; V - Conclusions ; 8. A Nexus between an Award and a Municipal Law? International and A-National Awards in the New York Convention ; I - Some Clarifications ; II - Foreign and Non-Domestic Awards ; III - Awards of the Iran-United States Claims Tribunal ; IV - A-National and Stateless Awards ; V - Conclusions ; 9. What Does the Future Hold?
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