Consent in International Arbitration by Andrea M. SteingruberConsent in International Arbitration by Andrea M. Steingruber

Consent in International Arbitration

byAndrea M. Steingruber

Hardcover | March 28, 2012

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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 evolution of arbitration and itsconsensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; 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 ofconsent 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; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences proceduralaspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clausesor the influence of umbrella clauses. 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 multipartyarbitration and to jurisdictional questions in investment arbitration.
Dr Andrea Marco Steingruber is an attorney-at-law in Switzerland and also admitted as a Solicitor (non-practising) in England and Wales. He studied law at the Universities of Berne, Edinburgh and London and business administration/economics at the University of St. Gallen. He concluded his studies in Berne with the admission to the Ba...
Title:Consent in International ArbitrationFormat:HardcoverDimensions:368 pages, 9.69 × 6.73 × 0 inPublished:March 28, 2012Publisher:OUPLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199698155

ISBN - 13:9780199698158

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Table of Contents

IntroductionPART I: THE CONSENSUAL NATURE OF ARBITRATION2. The evolution of arbitration and its consensual nature3. Capacity, restrictions, and limitations to consent to arbitration4. The juridical nature of arbitration with particular regard to its consensual nature5. The multiple facets of consent to arbitration and the determination of jurisdictionPART II: CONSENT IN COMMERCIAL ARBITRATION6. The valid reaching of mutual consent to arbitration7. Scope and interpretation of consent to arbitration8. Consent to arbitration with a perceived reduced consensual character9. Extension of consent to arbitration10. Consent to arbitration related to procedural mechanismsPART III: CONSENT IN INVESTMENT ARBITRATION11. Expression and reaching of consent to arbitration12. The applicable law and interpretation of consent13. Consent and the jurisdiction14. The scope of consent in investment arbitration15. ConclusionBibliographyIndex