Arbitrability: International & Comparative Perspectives

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Kluwer Law International, 2009 - Law - 375 pages
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It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice.

Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards.

The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law

This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added.

The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

 

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Contents

Chapter_1Mistelis_final
1
Chapter_2Brekoulakis_after abb_
19
Chapter_3Youssef _after abb_
47
Chapter_4_Shore _after abb_
69
Chapter_5_Di_Pietro _after abb_
85
Chapter_6_Brekoulakis _after abb_
99
Chapter_7_Pamboukis _after abb_
121
Chapter_8_Carbonneau _after abb_
143
Chapter_10_Park _after abb_
179
Chapter_11 Mourre _after abb_
207
Chapter_12_Lew _after abb_
241
Chapter_13_Mantakou _after abb_
263
Chapter_14_Perales _after abb_
273
Chapter_15_Bantekas _after abb_
293
Chapter_16_Kroll _after abb_
317
Copyright

Chapter_9_Liebscher_after abb_
165

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