This handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements.
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
Arvustused
'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre 'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University ' the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & Trade
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This unique collaboration between academics and practitioners explores the intersection of international commercial arbitration and the court systems.
Part I. Vacating Commercial Arbitration Awards:
1. Introduction:
Intersection of courts and arbitration Marta Infantino, Nathalie Potin and
Larry A. Dimatteo;
2. Independence and impartiality of arbitrators Carlos
Matheus López;
3. Exploring the parameters of conflicts of interest Nathalie
Potin and Tunde Ogunseitan;
4. Procedural irregularities and misconduct
during proceedings Alexander Belohlavek; Part II. Enforcing Commercial
Arbitration Awards:
5. Inter-arbitration association conflict Richard Happ;
6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part
III. Scope and Interpretation of Arbitration Clauses:
7. Judicial
interpretation of standard clauses Rocio Digon and Tony Cole;
8.
Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu
(Mare);
9. Drafting, interpretation, and enforcement of arbitration clauses:
a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control
over Arbitral Awards: Country Reports:
10. Judicial control of arbitral
awards in Argentina Maria Beatriz Burghetto;
11. Judicial control of arbitral
awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison;
12.
Judicial control of arbitral awards in Bulgaria Oleg Temnikov;
13. Judicial
control of arbitral awards in China Lei Chen and Wang Hao;
14. Judicial
control of arbitral awards in France Denis Bensaude;
15. Judicial control of
arbitral awards in Germany Joseph Schwartz;
16. Judicial control of arbitral
awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in
Nigeria Tunde Ogunseitan and Nathalie Potin;
18. Judicial control of arbitral
awards in Poland Jerzy Pisuliski and Piotr Tereszkiewicz;
19. Judicial
control of arbitral awards in the Russian Federation Dmitry Dozhdzev;
20.
Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras
Ballell;
21. Judicial control of arbitral awards in Switzerland Phillip
Landolt;
22. Judicial control of arbitral awards in Ukraine Galyna
Mykhailiuk;
23. Judicial control of arbitral awards in United Kingdom Andrew
Tetley;
24. Judicial control of arbitral awards in the United States Larry A.
Dimatteo; Part V. Summary and Findings:
25. Divergence, themes, and trends in
national arbitration laws Nathalie Potin, Marta Infantino and Larry A.
Dimatteo;
26. Shared control system over arbitral proceedings Friedrich
Rosenfeld.
Larry A. DiMatteo is Huber Hurst Professor of Contract Law, Warrington College of Business and Levin College of Law at the University of Florida. He is the former Editor-in-Chief of the American Business Law Journal, a 2012 Fulbright Professor, and author of thirteen books including The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms (with Michel Cannarsa and Cristina Poncibò, Cambridge, 2019). Marta Infantino is Associate Professor of Comparative Law, IUSLIT Department, University of Trieste. She has held visiting professorships in Canada, Colombia, and France. She has authored or co-authored eight books and more than sixty articles in Italian, French, and English. Her work has been translated into Greek, Chinese, and Spanish. Nathalie M-P Potin is Academic Director of LL.M./Masters in English at the Faculty of Law, Catholic Univeristy of Lyon. She has practiced in several international commercial law firms and worked at the Secretariat of the International Court of Arbitration of the International Chamber of Commerce. She holds visiting professorships in Europe, the Middle East, and the United States.
