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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage : A Comparative Analysis of the English, German and Swiss Legal Order / by Sandra Synková

Publisher	(Cham : Springer International Publishing : Imprint: Springer)
Year	2013
Edition	1st ed. 2013.
Authors	*Synková, Sandra author SpringerLink (Online service)

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Links to the text	Location	Volume	Call No.	Barcode No.	Status	Comments	ISBN	Printed	Restriction	Reserve
Links to the text	Library Off-campus access			OB00167975		Springer Humanities, Social Sciences and Law eBooks (電子ブック)	9783319001340

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Material Type	E-Book
Media type	機械可読データファイル
Size	XVII, 309 p : online resource
Notes	Introduction -- Functional Equivalents for Comparison -- Theoretical Underpinnings of Arbitral Jurisdiction -- Competence-Competence -- The New York Convention and the Obligation to Recognise and Enforce Arbitration Agreements -- The Application of Section 9 of the Arbitration Act 1996 (England) -- The Application of § 1032(1) of the German Code of Civil Procedure (Germany) -- The Application of Article 7 of the Swiss Private International Law Act (Switzerland) -- Conclusion, Evaluation and Future Perspectives International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field HTTP:URL=https://doi.org/10.1007/978-3-319-00134-0
Subjects	LCSH:Mediation LCSH:Dispute resolution (Law) LCSH:Arbitration (Administrative law) LCSH:Private international law LCSH:Conflict of laws LCSH:International law LCSH:Comparative law LCSH:Civil procedure LCSH:Law—Europe FREE:Dispute Resolution, Mediation, Arbitration FREE:Private International Law, International and Foreign Law, Comparative Law FREE:Civil Procedure Law FREE:European Law
Classification	LCC:K5459 DC23:347.09
ID	8000011221
ISBN	9783319001340