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The Healthy Award - Challenge in International Commercial Arbitration

By Christoph Liebscher
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Hardcover
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Overview
The main focus of the book is on the challenge of an award in the municipal courts. After describing the public policy issues under Community law as well as under article 6 European Human Rights Convention the book compares the situation under five jurisdictions: Austria, England, France, Germany, and Switzerland. The book also covers the minimum requirements for an award, its correction, interpretation and amendment and, finally, some enforcement issues.

The Healthy Award - Challenge in International Commercial Arbitration provides a comprehensive view of the impact of Community law on the autonomy of arbitration. It sets forth in detail the jurisprudence of the Strasbourg instances on article 6 EHRC which can be relevant in arbitration and compares the legal situations in five major arbitration jurisdictions in Europe. Also efficiency improvements are proposed to further developments of arbitration law.

This publication allows an easy comparison of five major arbitration venues in Europe to facilitate the choice of the seat of arbitration and assists in the drafting of arbitration clauses. It provides orientation to counsels and arbitrators with regard to arbitration procedures and supplies comprehensive references to source materials and numerous examples for counsels and courts in proceedings concerning the challenge of awards.

This book will be of interest to corporate counsel and international lawyers, as well as to researches and students of dispute resolution.

Pages 556
Publish Date 05/06/2003
Product Line Kluwer Law International
ISBN 9789041120113
SKU 9041120114
Table of Contents
    Preface
    Abbreviations

    Chapter I Introduction
    Scope and Approach
    Notion of arbitration
    Types of arbitration
    Domestic arbitration statutes
    Multilateral Treaties
    UNCITRAL Model Law

    Chapter II European Law
    Arbitration and EC Law
    Arbitration and EHRC

    Chapter III Notion of Award
    Austria
    England
    France
    Germany
    Switzerland
    Conclusions

    Chapter IV Correction/Interpretation/Amendment
    Austria
    England
    France
    Germany
    Switzerland
    Conclusions

    Chapter V Grounds for Challenge
    Introduction
    Lack of an arbitration agreement

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