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Quo Vadis Arbitration? Sixty Years of Arbitration Practice, A Comparative Study

Quo Vadis Arbitration? Sixty Years of Arbitration Practice, A Comparative Study

By Pieter Sanders


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Lawyer, arbitrator, negotiator, author, educator, drafter, rapporteur – for sixty years Pieter Sanders has been in the eye of the storm as during this period arbitration grew into the world's preferred method for the resolution of commercial disputes. No one is better qualified to assess the current worldwide condition and prospects of arbitration and conciliation, or to offer practical, insightful solutions to the problems confronting arbitration practice today.

Quo Vadis Arbitration? will not disappoint the many lawyers, judges, legislators and businesspeople to whom it is addressed. Drawing on his wide and varied experience--and especially on the occasions when resourceful measures had to be taken in the absence of clear legal guidance--Professor Sanders presents cogent, well-reasoned arguments and recommendations for:

  • the main issues which may arise in any arbitration
  • a revision of the UNCITRAL Model Law
  • a harmonisation of Rules on Conciliation and drafting a Model Law on Conciliation
  • refining Codes of Ethics and Codes of Taking Evidence to strengthen bridges between cultural differences

    A list of the author's achievements is virtually a history of the development of international arbitration since the 1930s. With many warmly shared anecdotes of the conflicts, compromises and triumphs of pivotal meetings and conventions, Professor Sanders takes the reader behind the scenes for a rare glimpse into the inner workings of the complex and rewarding process that created this invaluable modern discipline.

    Quo Vadis Arbitration? also provides a masterful but simple exposition of the arbitral process, from the validity of the arbitration agreement to the means of recourse against the award. This is a book that will be warmly appreciated--and used--by arbitration specialists of any degree of expertise, anywhere in the world.

  • Publish Date 06/01/1999
    Product Line Kluwer Law International
    ISBN 9789041112354
    SKU 10058452-0001
    Table of Contents

      I: Changes in Arbitration Practice and Climate
      A. Introduction
      B. Changes in the Arbitration Climate

      II: Different Concepts of Arbitration
      A. Introduction
      B. The Civil Law Concept of Arbitration
      C. Harmonisation

      III: Regional Aspects
      A. Latin American Countries
      B. Arab Countries
      C. The Former Socialist Countries
      D. Countries of the Far East

      IV: Impact of International Instruments
      A. The New York Convention 1958
      B. The Model Law of UNCITRAL (1985)

      V: Specific Topics
      1. The Arbitration Agreement
      2. Domain of Arbitration
      3. Procedures Akin to Arbitration
      4. Separability of the Arbitral Clause
      5. The Plea of Lack of Jurisdiction
      6. State or State-Controlled Enterprise as Party
      7. Multiple Arbitration
      8. The Arbitrators
      9. The Arbitral Procedure
      10. Interim Measures of Protection
      11. The Award
      12. Rules Applicable to the Merits
      13. Enforcement
      14. Means of Recourse other than Setting Aside
      15. Setting Aside

      VI: Conciliation
      A. Statutory Provisions in Model Law Countries
      B. The Award on Agreed Terms
      C. Conciliation Rules

      VII: A Look into the Future
      1. Towards a Model Law on Conciliation?
      2. The New York Convention 1958
      3. The Model Law of UNCITRAL

      Selected Bibliography

      Subject Index