Quo Vadis Arbitration?:Sixty Years of Arbitration Practice
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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B CHANGES IN THE ARBITRATION CLIMATE
B THE CIVIL LAW CONCEPT OF ARBITRATION
B ARAB COUNTRIES
THE FORMER SOCIALIST COUNTRIES
SUMMARY CHAPTER HI
E Evidence by Witnesses
INTERIM MEASURES OF PROTECTION
C Postaward Awards
RULES APPLICABLE TO THE MERITS
MEANS OF RECOURSE OTHER THAN SETTING
B THE MODEL LAW OF UNCITRAL 1985
PROVISIONS ADDED WHEN ADOPTING
PROCEDURES AKIN TO ARBITATION
THE PLEA OF LACK OF JURISDICTION
STATE OR STATECONTROLLED ENTERPRISE
THE ARBITRAL PROCEDURE