International Commercial Arbitration

Different Forms and their Features

Giuditta Cordero-Moss

• Publisher: Cambridge University Press
• Year: 2013
• Print ISBN: 9781107033481
• eBook ISBN: 9781107331235
• Topic: Law
• Subtopic: Arbitration, Negotiation & Mediation in Law
• Index: Law

Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.

Table of contents

• Cover
• Contents
• Contributors
• Introduction
• Part I Arbitration law’s significance for international disputes
• 1 International arbitration is not only international
• 2 International arbitration and domestic law
• Part II Ad hoc arbitration
• 3 Ad hoc arbitration v. institutional arbitration
• 4 The UNCITRAL Arbitration Rules and their use in ad hoc arbitration
• Part III Institutional arbitration: Features of selected arbitration institutions in Europe
• 5 Arbitration in Austria: Features of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)
• 6 Arbitration in Denmark: Features
• 7 Arbitration in Germany: Features of the German Institution of Arbitration
• 8 Arbitration in Italy: Features of the Milan Chamber of Arbitration
• 9 Rules of Arbitration of the International Chamber of Commerce
• 10 Arbitration in London: Features of the London Court of International Arbitration
• 11 Arbitration in Norway: Features of the Oslo Chamber of Commerce
• 12 Arbitration in Russia: Features of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
• 13 Arbitration in Sweden: Features of the Stockholm Rules
• 14 Arbitration under the Swiss Rules
• Part IV New trends in international arbitration
• 15 ‘Domesticating’ the New York Convention: The impact of the US Federal Arbitration Act
• 16 New trends in international commercial arbitration in Latin America
• Index