Procedural Law in International Arbitration

Hardcover | April 8, 2004

byGeorgios Petrochilos

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International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses therelevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime ofarbitrations involving sovereign states, and the human rights considerations in international arbitration.

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International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses therelevant legislative practice of all major arbitr...

Georgios Petrochilos was educated in Athens, Strasbourg, and Georgios Petrochiloshis doctorate from Oxford, where he also taught public and private international law. He currently practises in the fields of international arbitration and international law from the Paris office of Freshfields Bruckhaus Deringer.
Format:HardcoverDimensions:592 pages, 9.21 × 6.14 × 1.35 inPublished:April 8, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199249482

ISBN - 13:9780199249480

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Table of Contents

1. IntroductionI - The Area of Inquiry: International Commercial ArbitrationII - The Object of InquiryIII - The Purpose and Method of the InquiryIV - The Structure of this Book2. The Theoretical Thinking on the Law of the ArbitrationI - Introduction to the NotionsII - Seat TheoriesIII - Legal LocalizationIV - Approaches to DelocalizationV - Concluding Remarks: Desiderata3. The Law of the Arbitration in National LawsI - Localization by Choice of Law: Its Shortcomings and AbandonmentII - The Basic Tenets of Modern Arbitration LawIII - Supervision and Support at the Seat of an Arbitration4. Human Rights Law Requirements in International ArbitrationI - International Law Creates Obligations for StatesII - An Arbitration Agreements is a Waiver of the Right to State-Administered JusticeIII - A Right to a 'Fair Arbitration'?IV - Are Arbitral Tribunals Bound by the ECHR?V - An International Obligation to Supervise and Assist Arbitral Proceedings?VI - Conclusions5. Procedural Law and Rules in Arbitral PracticeI - What is 'Procedure' and 'Procedural Law' in Arbitral Practice?II - A Survey of Arbitration RulesIII - Overview of Arbitration Practice with Particular Reference to ICC PracticeIV - General Principles of Arbitral Procedure6. Arbitrations Involving a State or an International OrganizationI - IntroductionII - The Iran-United States Claims TribunalIII - Foreign Investment Treaty ArbitrationIV - Arbitrations between Private Parties and International OrganizationsV - States as Arbitrating PartiesVI - Conclusions7. Enforceability of Awards Annulled in their State of OriginI - Article V(1)(e) within the General Convention FrameworkII - The Case LawIII - The Proper Limits for Discounting AnnulmentIV - Policy Considerations: the Case for RestraintV - Conclusions8. A Nexus between an Award and a Municipal Law? International and A-National Awards in the New York ConventionI - Some ClarificationsII - Foreign and Non-Domestic AwardsIII - Awards of the Iran-United States Claims TribunalIV - A-National and Stateless AwardsV - Conclusions9. What Does the Future Hold?