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Conflict of laws in international arbitration / edited by Franco Ferrari, Stefan Kröll.
- Format:
- Book
- Language:
- English
- Subjects (All):
- International commercial arbitration--Congresses.
- International commercial arbitration.
- Conflict of laws--Arbitration and award--Congresses.
- Conflict of laws.
- Physical Description:
- 1 online resource (481 p.)
- Edition:
- 1st ed.
- Place of Publication:
- Munich : Sellier, c2011.
- Language Note:
- English
- Summary:
- Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of conflict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant conflict rules to determine the applicable law. This raises the question of what conflict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.This very beneficial book is dealing with- the arbitration agreement,- the jurisdiction of the arbitral tribunal,- the law applicable to the merits and- the arbitration procedure.
- Contents:
- Conflicts of law in international arbitration : an overview / Filip De Ly
- The law applicable to the validity of the arbitration agreement : a practioner's view / Leonardo Graffi
- Applicable laws under the New York Convention / Domenico Di Pietro
- Jurisdiction and applicable law in the case of so-called pathological arbitration clauses in view of the proposed reform of the Brussels I-Regulation / Ruggiero Cafari Panico
- Arbitrability and conflict of jurisdictions : the (diminishing) relevance of lex fori and lex loci arbitri / Stavros Brekoulakis
- Extension of arbitration agreements to third parties : a never ending legal quest through the spatial-temporal continuum / Mohamed S. Abdel Wahab
- The effect of overriding manadatory rules on the arbitration agreement / Karsten Thorn, Walter Grenz
- Arbitration and insolvency : selected conflict of laws problems / Stefan Kröll
- Getting to the law applicable to the merits in international arbitration and the consequences of getting it wrong / Linda Silberman, Franco Ferrari
- Manadatory rules of law in international arbitration / George A. Bermann
- Conflict of overriding mandatory rules in arbitration / Anne-Sophie Papeil
- The law applicable to the assignment of claims subject to an arbitration agreement / Daniel Girsberger
- The laws governing interim measures in international arbitration / Christopher Boog.
- Notes:
- "NCTM studio legale associato."
- Papers presented at a conference held at Verona University School of Law in March 2010.
- Includes bibliographical references and index.
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 1-283-01455-6
- 9786613014559
- 3-86653-929-0
- OCLC:
- 714159281
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