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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Arbitrability: International & Comparative perspectives

Edited by: Loukas A. Mistelis, Stavros L. Brekoulakis

ISBN13: 9789041127303
Published: March 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £119.00

Despatched in 8 to 10 days.

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice.

Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards.

The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law

This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added.

The subject of the book – arbitrability – is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

Arbitration and Dispute Resolution
Foreword. Table of Abbreviations. Part One: Fundamental Observations and Applicable Law.
1. Arbitrability – International and Comparative Perspectives: Is Arbitrability a National or an International Law Issue? L. A. Mistelis.
2. On Arbitrability: Persisting Misconceptions and New Areas of Concern
S. L. Brekoulakis.
3. The Death of Inarbitrability
K. Youssef.
4. The United States’ Perspective on ‘Arbitrability’
L. Shore.
5. General Remarks on Arbitrability under the New York Convention
D. Di Pietro.
6. Law Applicable to Arbitrability: Revisiting the Revisited Lex Fori
S. L. Brekoulakis.
7. On Arbitrability: The Arbitrator as a Problem Solver
H. Pamboukis. Part Two: Substantive Rules on Arbitrability.
8. Liberal Rules of Arbitrability and the Autonomy of Labour Arbitration in the United States
T.E. Carbonneau.
9. Insolvency and Arbitrability
C. Liebscher.
10. Arbitrability and Tax
W.W. Park.
11. Arbitration and Criminal Law: Jurisdiction, Arbitrability and Duties of the Arbitral Tribunal
A. Mourre.
12. Competition Laws: Limits to Arbitrators’ Authority
J.D.M. Lew QC.
13. Arbitrability and Intellectual Property Disputes
A.P. Mantakou.
14. Arbitrability of (Intra-) Corporate Disputes
M. del Pilar Perales Viscasillas.
15. Arbitrability in Finance and Banking
I. Bantekas.
16. The ‘Arbitrability’ of Disputes Arising from Commercial Representation
S. Kröll.
Table of Cases.
Table of Awards.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published December 2016
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published October 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print