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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage
International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the...
The Allocation of Power between Arbitral Tribunals and State Courts
The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
The Culture of International Arbitration
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesse...
International Commercial Agreements and Electronic Commerce
Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional di...
Die Schiedseinrede bei Auslandsberührung
Die Schiedseinrede ist die bedeutendste prozesshindernde Einrede des deutschen Zivilprozessrechts. Sie verleiht der Schiedsvereinbarung ihre prozessuale Bedeutung. Durch die Verwurzelung der Schiedseinrede im nationalen Prozessrecht fallt ihre Ausgestaltung jedoch international bis heute sehr unterschiedlich aus. Vincent Wachter erlautert diese Unterschiede rechtsvergleichend mit einem besonderen Fokus darauf, ob, wann und mit welcher Prufungsintensitat das staatliche Zivilgericht die Schiedsbindung des ihm vorliegenden Streitgegenstands untersuchen darf. Fur den staatlichen Zivilrichter stehen aufgrund des weltweit zunehmend verflochtenen Wirtschafts- und Soziallebens gerade auch bei der Schiedseinrede immer ofter Fragen des anwendbaren Rechts im Fokus. Der Autor leistet einen Beitrag dazu, das von dem staatlichen Richter zu beachtende Kollisionsrecht vollstandig zu erarbeiten und rechtsvergleichend einzuordnen.
The Evolution and Future of International Arbitration
The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in int...
Handbook of Photosynthesis, Second Edition
"Details all of the photosynthetic factors and processes under both normal and stressful conditions--covering lower and higher plants as well as related biochemistry and plant molecular biology. Contains authoritative contributions from over 125 experts in the field from 28 countries, and includes almost 500 drawings, photographs, micrographs, tables, and equations--reinforcing and clarifying important text material."
Pragmaticalization
The present volume is dedicated to the phenomenon of pragmaticalization in the context of the theory of grammaticalization. While, in recent decades, the growing interest in the analysis of pragmatic phenomena within grammaticalization research was triggered, amongst others, by studies in the field of subjectivity and intersubjectivity in language, we still lack a model for a broad understanding of how changes on the discourse level come about and face a lack of information which provides a conclusive theoretical framework to systematically record the emergence of an entire layer of discourse units in language. The book is one of the first comprehensive collections contributed to the topic o...
Methods of Legal Reasoning
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Index to Poetry for Children and Young People, 1993-1997
A title, subject, author, and first line index to poetry in collections for children and young people, with a list of books and a directory of publishers.
