rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage
    sub title: A Comparative Analysis of the English, German and Swiss Legal Order
  name:
    name part: Synková, Sandra.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2013
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XVII, 309 p. online resource.
  abstract: 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 parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.
  table of contents: Introduction -- Functional Equivalents for Comparison -- Theoretical Underpinnings of Arbitral Jurisdiction -- Competence-Competence -- The New York Convention and the Obligation to Recognise and Enforce Arbitration Agreements -- The Application of Section 9 of the Arbitration Act 1996 (England) -- The Application of § 1032(1) of the German Code of Civil Procedure (Germany) -- The Application of Article 7 of the Swiss Private International Law Act (Switzerland) -- Conclusion, Evaluation and Future Perspectives.
  note: by Sandra Synková.
  subject:
    topic: Law
  subject:
    topic: Civil procedure
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Mediation
  subject:
    topic: Dispute resolution (Law)
  subject:
    topic: Conflict management
  subject:
    topic: Law
  subject:
    topic: Dispute Resolution, Mediation, Arbitration
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  subject:
    topic: Civil Procedure Law
  subject:
    topic: European Law
  classification: K5459
  classification: 347.09
  related item:
    title info:
      title: Springer eBooks
  identifier: 9783319001340
  identifier: http://dx.doi.org/10.1007/978-3-319-00134-0
  record info:
    record creation date: 130615
    record change date: 20151121012541.0
    record identifier: 978-3-319-00134-0