International Commercial Arbitration: Different Forms and their Features

Cambridge University Press, 3/14/2013
EAN 9781107033481, ISBN10: 1107033489

Hardcover, 451 pages, 22.8 x 15.2 x 2.8 cm
Language: English

Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.

Introduction
Part I. Arbitration Law's Significance for International Disputes
1. International arbitration is not only international Giuditta Cordero-Moss
2. International arbitration and domestic law Luca Radicati di Brozolo
Part II. Ad Hoc Arbitration
3. Ad hoc arbitration v. institutional arbitration Carita Wallgren-Linholm
4. The UNCITRAL arbitration rules and their use in ad hoc arbitration Corinne Montineri
Part III. Institutional Arbitration
Features of Selected Arbitration Institutions in Europe
5. Arbitration in Austria
features of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) Werner Melis
6. Arbitration in Denmark
features Georg Lett
7. Arbitration in Germany
features of the German Institution of Arbitration Jens Bredow
8. Arbitration in Italy
features of the Milan Chamber of Arbitration Stefano Azzali
9. Arbitration under the rules of the International Chamber of Commerce Simon Greenberg and Anders Ryssdal
10. Arbitration in London
features of the London Court of International Arbitration Johannes Koepp, Dorine Farah and Peter Webster
11. Arbitration in Norway
features of the Oslo Chamber of Commerce Stephen Knudtzon
12. Arbitration in Russia
features of the International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation Alexander Komarov
13. Arbitration in Sweden
features of the Stockholm rules Henrik Fieber and Eva Storskrubb
14. Arbitration under the Swiss rules Daniel Wehrli and Marco Stacher
Part IV. New Trends in International Arbitration
15. 'Domesticating' the New York convention
the impact of the U.S. federal arbitration act George Bermann
16. New trends in international commercial arbitration in Latin America Diego Fernandez Arroyo.