Subjects:

Arbitration and Dispute Resolution

Contents:

I Introduction: Scope and approach

notion of arbitration

types of arbitration

domestic arbitration statutes

multilateral treaties

UNCITRAL model law.

II European law: arbitration and EC law

arbitration and EHRC.

III Notion of award: Austria

Englans

France

Germany

Switzerland

conclusions.

IV Correction/interpretation/amendment: Austria

England

France

Germany

Switzerland

conclusions.

V Grounds for challenge: introduction

lack of arbitration agreement.

The main focus of this book is on the challenge of an award in the municipal courts. After describing the public policy issues under Community law as well as under article 6 European Human Rights Convention the book compares the situation under five jurisdictions: Austria, England, France, Germany and Switzerland. The book also covers the minimum requirements for an award, its correction, interpretation and amendment and, finally, some enforcement issues.

The book provides a comprehensive view of the impact of Community law on the autonomy of arbitration. It sets forth in detail the jurisprudence of the Strasbourg instances on article six of the EHRC which can be relevant in arbitration and compares the legal situations in five major arbitration jurisdictions in Europe. Also efficiency improvements are proposed to further developments of arbitration law.

This publication allows an easy comparison of five major arbitration venues in Europe to facilitate the choice of the seat of arbitration and assists in the drafting of arbitration clauses. It provides orientation to counsels and arbitrators with regard to arbitration procedures and supplies comprehensive references to source materials and numerous examples for counsels and courts in proceedings concerning the challenge of awards.