Consent in International Arbitration
| Författare: | Steingruber Andrea M. |
| Titel: | Consent in International Arbitration |
| Utgivningsår: | 2012 |
| Omfång: | 414 sid. |
| Förlag: | Oxford University Press |
| ISBN: | 9780199698158 |
| Produkttyp: | Inbunden |
| Typ av verk: | Kommentar |
| Ämnesord: | Processrätt |
Pris: 1407 SEK exkl. moms 
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 Arbitration is consensual by nature and the arbitrators' jurisdiction derives exclusively from the parties' agreement to use arbitration as a means to resolve their disputes. The concept of consent in arbitration - especially as cases become more complex - is taking on increasing importance, and issues with regard to the parties' consent to arbitrate are the topic of many articles and discussions. Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the differences between consent under State legislation and treaties, it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is given; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity (requirement to be "in writing"); which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural mechanisms like joinder and intervention of third parties or consolidation of arbitral proceedings, and which solutions adopted (or to be adopted) by treaties, national laws or arbitrational rules are, or would be, the most respectful of parties' consent in this respect. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration. Contents: Introduction I THE CONSENSUAL NATURE OF ARBITRATION 1. The evolution of arbitration and its consensual nature 2. Capacity, restrictions, and limitations to consent to arbitration 3. The juridical nature of arbitration with particular regard to its consensual nature 4. The multiple facets of consent and the determination of jurisdiction II COMMERCIAL ARBITRATION 5. The valid reaching of consent 6. Scope and interpretation of consent to arbitration 7. Consent to arbitration with a perceived reduced consensual character 8. Extension of consent to arbitration 9. Consent to arbitration related to procedural mechanism III INVESTMENT ARBITRATION 10. Expression and reaching of consent 11. The applicable law and interpretation of consent 12. Consent and the jurisdiction 13. The scope of consent in investment arbitration Conclusion |