Consent in International Arbitration

«The book includes original arguments and puts forward new suggestions. It also usefully focuses on problems that frequently arise in the practice of international arbitration, in paticular in complex multiparty arbitration and to jurisdictional questions in investment arbitration.»

ASA Bulletin
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Les mer
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Vår pris: 3713,-

(Innbundet) Fri frakt!
Leveringstid: Sendes innen 21 dager

Om boka

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions.
Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions.
These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any,
are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect;
what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses.
The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Fakta

Anmeldelser

«The book includes original arguments and puts forward new suggestions. It also usefully focuses on problems that frequently arise in the practice of international arbitration, in paticular in complex multiparty arbitration and to jurisdictional questions in investment arbitration.»

ASA Bulletin

«iConsent in International Arbitrationr contains a thorough analysis of a large number of cases, laws and regulations of various jurisdictions as well as an impressive amount of scholarly writings on arbitration.»

Yuliya Chernykh, Law of Ukraine

«This is an important comprehensive research on the arbitration agreement for international investment arbitration.»

Akira Sawai, JCA Journal

«Dealing with consent in all the areas of international arbitration was a major challenge in which the author has been totally successful. The book is evidence of extensive work and is rich in research and analysis. It will not be possible in the future to conduct any research on consent without referring to Steingruber's treatise.»

Bernard Hanotiau, Global Arbitration Review

Innholdsfortegnelse

PART I: THE CONSENSUAL NATURE OF ARBITRATION; PART II: CONSENT IN COMMERCIAL ARBITRATION; PART III: CONSENT IN INVESTMENT ARBITRATION; BIBLIOGRAPHY; INDEX

Om forfatteren

Dr Andrea Marco Steingruber is an attorney-at-law in Switzerland and also admitted as a Solicitor (non-practising) in England and Wales. He studied law at the Universities of Berne, Edinburgh and London and business administration/economics at the University of St. Gallen. He concluded his studies in Berne with the admission to the Bar of Berne and he obtained his LLM in Commercial law from the University of Edinburgh (with distinction), and his PhD degree from
Queen Mary, University of London.