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Vol 23 No 5 May/June 2018

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International and Domestic Arbitration in Switzerland 3rd ed

ISBN13: 9781782256410
Previous Edition ISBN: 9781847035684
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00

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The previous editions of this book have established themselves among the leading authorities on Swiss arbitration law.

This fully revised and amended third edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland. The book provides a comprehensive analysis of all relevant aspects of international and domestic arbitration in Switzerland, addressing all major issues, including:-

  • the concept and sources of arbitration,
  • arbitrability,
  • the arbitration agreement,
  • competence-competence and the autonomy of the arbitration agreement,
  • the arbitral tribunal,
  • the arbitral procedure,
  • the arbitral award,
  • setting aside proceedings against the award
  • and the enforcement of arbitral awards, including the recognition and enforcement of foreign arbitral awards.
Frequently referred to by the Swiss Federal Supreme Court in its case law, the book is an indispensable tool for legal scholars conducting an in-depth analysis of a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad.

The book's appendices contain useful additional materials, including a detailed table of cases and a most accurate translation of the provisions on arbitration of the Swiss Code of Civil Procedure and the Swiss Statute on Private International Law.

European Jurisdictions, Arbitration and Dispute Resolution, Switzerland
Chapter 1 Introduction
1. Arbitration as a particular form of dispute resolutio
2. On the sources of Swiss arbitration law
3. Other forms of private dispute resolution

Chapter2 On the Authority of Arbitral Tribunals
4. Arbitrability
5. The arbitration agreement: cornerstone of the arbitral proceedings
6. Jurisdiction despite absence or invalidity of arbitration agreement
7. Competence-competence and autonomy of arbitration agreement
8. The decision on jurisdiction
9. Seat of the arbitration
10. Constitution of the arbitral tribunal
11. Challenge of arbitrators
12. Revocation and removal of arbitrators
13. Resignation of an arbitrator
14. Replacement of an arbitrator
15. Relationship between arbitrators and parties 16 Secretary and other assistance to the tribunal
17. Commencement of the arbitration
18. The proceedings before the arbitral tribunal
19. Provisional and conservatory measures
20. Taking of evidence
21. Decision on the merits
22. The arbitral award
23. Settlement and other grounds for termination
24. Costs of arbitration
25. Effects of the award
26. Setting aside of international arbitral awards
27. Setting aside of domestic arbitral awards
28. Revision of arbitral awards
29. Recognition and enforcement of arbitral awards