Reports of International Arbitral Awards, Vol. XXXII (English/French Edition),
Автор: Larry A. DiMatteo, Marta Infantino, Nathalie M-P P Название: The Cambridge Handbook of Judicial Control of Arbitral Awards ISBN: 1108488617 ISBN-13(EAN): 9781108488617 Издательство: Cambridge Academ Рейтинг: Цена: 35798.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements.
Описание: In international arbitration few issues have been as controversial as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. This book provides an analysis of the sources, legal and practical grounds, and possible solutions to this problem.
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students.
It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
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