Conflict of Laws in International Arbitration : : / / ed. by Franco Ferrari, Stefan Kröll.
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict 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&qu...
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Superior document: | Title is part of eBook package: De Gruyter DGBA Backlist Complete English Language 2000-2014 PART1 |
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MitwirkendeR: | |
HerausgeberIn: | |
Place / Publishing House: | Munich : : Otto Schmidt/De Gruyter european law pub, , [2010] ©2010 |
Year of Publication: | 2010 |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (466 p.) |
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Table of Contents:
- Frontmatter
- Preface
- List of Contributors
- Contents
- Abbreviations
- I. Introduction
- Conflicts of law in international arbitration – an overview
- II. Conflict of Laws questions concerning the arbitration agreement and the jurisdiction of the tribunal
- The law applicable to the validity of the arbitration agreement: A practitioner’s view
- Applicable laws under the New York Convention
- Jurisdiction and applicable law in the case of so-called pathological arbitration clauses in view of the proposed reform of the Brussels I-Regulation
- Arbitrability and conflict of jurisdictions: The (diminishing) relevance of lex fori and lex loci arbitri
- Extension of arbitration agreements to third parties: A never ending legal quest through the spatial-temporal continuum
- The effect of overriding mandatory rules on the arbitration agreement
- Arbitration and Insolvency – Selected conflict of laws problems
- III. Conflict of Laws questions concerning the law applicable to the merits
- Getting to the law applicable to the merits in international arbitration and the consequences of getting it wrong
- Mandatory rules of law in international arbitration
- Conflict of overriding mandatory rules in arbitration
- The law applicable to the assignment of claims subject to an arbitration agreement
- IV. Conflict of Laws questions concerning the arbitration procedure
- The laws governing interim measures in international arbitration
- Index