Quo Vadis Arbitration?:Sixty Years of Arbitration Practice

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Kluwer Law International, Jun 16, 1999 - Law - 451 pages
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Lawyer, arbitrator, negotiator, author, educator, drafter, rapporteur andndash; for sixty years Pieter Sanders has been in the eye of the storm as during this period arbitration grew into the world's preferred method for the resolution of commercial disputes. No one is better qualified to assess the current worldwide condition and prospects of arbitration and conciliation, or to offer practical, insightful solutions to the problems confronting arbitration practice today.

Quo Vadis Arbitration? will not disappoint the many lawyers, judges, legislators and businesspeople to whom it is addressed. Drawing on his wide and varied experience--and especially on the occasions when resourceful measures had to be taken in the absence of clear legal guidance--Professor Sanders presents cogent, well-reasoned arguments and recommendations for:

  • the main issues which may arise in any arbitration
  • a revision of the UNCITRAL Model Law
  • a harmonisation of Rules on Conciliation and drafting a Model Law on Conciliation
  • refining Codes of Ethics and Codes of Taking Evidence to strengthen bridges between cultural differences

A list of the author's achievements is virtually a history of the development of international arbitration since the 1930s. With many warmly shared anecdotes of the conflicts, compromises and triumphs of pivotal meetings and conventions, Professor Sanders takes the reader behind the scenes for a rare glimpse into the inner workings of the complex and rewarding process that created this invaluable modern discipline.

Quo Vadis Arbitration? also provides a masterful but simple exposition of the arbitral process, from the validity of the arbitration agreement to the means of recourse against the award. This is a book that will be warmly appreciated--and used--by arbitration specialists of any degree of expertise, anywhere in the world.

 

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Contents

Preface
1
B CHANGES IN THE ARBITRATION CLIMATE
17
CHAPTER II
27
B THE CIVIL LAW CONCEPT OF ARBITRATION
33
CHAPTER III
39
B ARAB COUNTRIES
50
THE FORMER SOCIALIST COUNTRIES
59
SUMMARY CHAPTER HI
66
E Evidence by Witnesses
256
INTERIM MEASURES OF PROTECTION
268
THE AWARD
276
C Postaward Awards
289
RULES APPLICABLE TO THE MERITS
299
ENFORCEMENT
311
MEANS OF RECOURSE OTHER THAN SETTING
318
SETTING ASIDE
327

B THE MODEL LAW OF UNCITRAL 1985
79
arbitration
96
PROVISIONS ADDED WHEN ADOPTING
123
CHAPTER V
153
PROCEDURES AKIN TO ARBITATION
170
THE PLEA OF LACK OF JURISDICTION
176
STATE OR STATECONTROLLED ENTERPRISE
186
MULTIPARTY ARBITRATIONS
209
THE ARBITRATORS
224
THE ARBITRAL PROCEDURE
238
CHAPTER VI
353
B THE AWARD ON AGREED TERMS
372
CONCILIATION RULES
378
from an Independent Expert?
384
CONCILIATION IN THE FAR EAST
393
One Concept of Conciliation
403
THE NEW YORK CONVENTION 1958
413
Selected Bibliography
423
Subject Index
437
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