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Vol 21 No 11 Nov/Dec 2016

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International Arbitration and the Courts

Edited by: Devin Bray, Heather L. Bray

ISBN13: 9781937518769
Published: October 2015
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00



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International Arbitration and the Courts includes articles that originally appeared in the American Review of International Arbitration (ARIA), Stockholm Arbitration Report (SAR), Stockholm International Arbitration Review (SIAR) and World Arbitration and Mediation Review (WAMR).

The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the theoretical and first-hand practice-orientated developments of international arbitration.

The book’s theme centers on the question of how to bridge the gap between the theory and commercial realities of international arbitration. The authors offer their own innovative and practical recommendations and guidelines for securing mutual respect between international arbitration and national courts.

Specifically, the authors present frameworks for how to achieve the right balance between empowering national courts to ensure that the process of international arbitration is successful and that international awards are capable of enforcement, while at the same time preventing judicial intrusion in the arbitral process.

Subjects:
Arbitration and Dispute Resolution
Contents:
About the Editors
About the Authors
Foreword

Chapter 1
Arbitration and the Role of Law
Sir Anthony Evans

Chapter 2
Shattering the Barrier of Inarbitrability
Thomas E. Carbonneau

Chapter 3
Arbitrating "Arbitrability"
Alan Scott Rau

Chapter 4
The Arbitrator's Mission and the Application of Law in International Commercial Arbitration
W. Laurence Craig

Chapter 5
Court Litigation over Arbitration Agreements: Is it Time for a New Default Rule?
Jack Graves

Chapter 6
Judicial Assistance by German Courts in Aid of International Arbitration
Reinmar Wolff

Chapter 7
The Extraterritorial Reach of 28 U.S.C. § 1782 in Aid of Foreign and International Litigation and Arbitration
Tyler B. Robinson

Chapter 8
Two to Tango: Domestic Grounds for Vacatur Under the New York Convention
Harout Jack Samra

Chapter 9
The UK Supreme Court Speaks to International Arbitration: Learning from the Dallah Case
George A. Bermann

Chapter 10
Sovereign Immunity as a Barrier to the Enforcement of Investor-State Arbitral Awards: The Re-Politicization of International Investment Disputes
Andrea K. Bjorklund

INDEX