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Vol 21 No 11 Nov/Dec 2016

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Consent in International Arbitration


ISBN13: 9780199698158
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00



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£118.75
+ £23.75 VAT

Arbitration is consensual by nature and the arbitrators' jurisdiction derives exclusively from the parties' agreement to use arbitration as a means to resolve their disputes.

The concept of consent in arbitration - especially as cases become more complex - is taking on increasing importance, and issues with regard to the parties' consent to arbitrate are the topic of many articles and discussions.

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions.

Whilst considering the differences between consent under State legislation and treaties, it addresses important theoretical questions to offer practical solutions. These include:-

  • how consent to arbitrate is given;
  • which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it;
  • and, conversely, according to which law will a possible lack of consent be judged;
  • how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity (requirement to be "in writing"); which, if any, are the implied terms when consenting to arbitration;
  • how consent to arbitrate influences procedural mechanisms like joinder and intervention of third parties or consolidation of arbitral proceedings,
  • and which solutions adopted (or to be adopted) by treaties, national laws or arbitrational rules are, or would be, the most respectful of parties' consent in this respect.

The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Subjects:
Arbitration and Dispute Resolution
Contents:
Introduction

I THE CONSENSUAL NATURE OF ARBITRATION
1: The evolution of arbitration and its consensual nature
2: Capacity, restrictions, and limitations to consent to arbitration
3: The juridical nature of arbitration with particular regard to its consensual nature
4: The multiple facets of consent and the determination of jurisdiction

II COMMERCIAL ARBITRATION
5: The valid reaching of consent
6: Scope and interpretation of consent to arbitration
7: Consent to arbitration with a perceived reduced consensual character
8: Extension of consent to arbitration
9: Consent to arbitration related to procedural mechanism

III INVESTMENT ARBITRATION
10: Expression and reaching of consent
11: The applicable law and interpretation of consent
12: Consent and the jurisdiction
13: The scope of consent in investment arbitration

Conclusion;

Series: Oxford International Arbitration Series

Procedural Issues in International Investment Arbitration ISBN 9780198729037
To be published July 2017
Oxford University Press
£125.00
Provisional Measures in Investment Arbitration ISBN 9780199685790
To be published July 2017
Oxford University Press
£125.00
Calculation of Compensation and Damages in International Investment Law 2nd ed ISBN 9780198749936
To be published March 2017
Oxford University Press
£165.00
Arbitration of International Mining Disputes: Law and Practice ISBN 9780198757641
To be published February 2017
Oxford University Press
£145.00
Arbitration of Trust Disputes: Issues in National and International Law ISBN 9780198759829
Published October 2016
Oxford University Press
£145.00
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals ISBN 9780198715610
Published March 2016
Oxford University Press
£125.00
Corruption in International Investment Arbitration ISBN 9780198714262
Published September 2014
Oxford University Press
£125.00
Corruption in International Investment Arbitration (eBook) ISBN 9780191023705
Published September 2014
Oxford University Press
£104.17 + £20.83 VAT
(ePub)
Buy
The Coordination of Multiple Proceedings in Investment Treaty Arbitration ISBN 9780199684861
Published June 2013
Oxford University Press
£137.50
Annulment under the ICSID Convention (eBook) ISBN 9780191634796
Published December 2012
Oxford University Press
£125.00 + £25.00 VAT
(ePub)
Buy
Annulment under the ICSID Convention ISBN 9780199653744
Published December 2012
Oxford University Press
£150.00
Consent in International Arbitration (eBook) ISBN 9780191638190
Published March 2012
Oxford University Press
£118.75 + £23.75 VAT
(ePub)
Buy
Treaty Interpretation in Investment Arbitration ISBN 9780199641475
Published March 2012
Oxford University Press
£145.00
Treaty Interpretation in Investment Arbitration (eBook) ISBN 9780191638176
Published March 2012
Oxford University Press
£114.58 + £22.92 VAT
(ePub)
Buy
Third Parties in International Commercial Arbitration ISBN 9780199572083
Published December 2010
Oxford University Press
£147.50
Calculation of Compensation and Damages in International Investment Law ISBN 9780199551712
Published August 2009
Oxford University Press
Out of print
Chinese Investment Treaties: Policies and Practice ISBN 9780199230259
Published March 2009
Oxford University Press
£190.00
£63.00