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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: a Comparative Analysis of the English, German and Swiss Legal Order

ISBN13: 9783319001333
Published: June 2013
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

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Challenges to arbitral jurisdiction have become quite a common practice in the field of international arbitration. Responding appropriately to such challenges is crucial to the efficacy of international arbitration as a system of dispute resolution. This work focuses particularly on the means and procedures for determining arbitral jurisdiction in state court proceedings at the early stages of the arbitral process - i.e. prior to the rendition of an arbitral award - and analyses them in terms of their efficacy and legitimacy. It provides a comparative analysis of the practice of the English, Swiss and German legal orders and outlines suggestions for improving current practices.

Additionally, an overview of the current EU framework for arbitration and the changes proposed to the existing framework is included. International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. However, as theoretical foundations of arbitral jurisdictions are also explored, the work is highly relevant to scholars and to law students as well.

Arbitration and Dispute Resolution
Functional Equivalents for Comparison.
Theoretical Underpinnings of Arbitral Jurisdiction.
The New York Convention and the Obligation to Recognise and Enforce Arbitration Agreements.
The Application of Section 9 of the Arbitration Act 1996 (England).
The Application of x 1032(1) of the German Code of Civil Procedure (Germany).
The Application of Article 7 of the Swiss Private International Law Act (Switzerland).
Conclusion, Evaluation and Future Perspectives.