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Books > Law > International law > Settlement of international disputes > International arbitration
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Consent in International Arbitration (Hardcover, New)
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Consent in International Arbitration (Hardcover, New)
Series: Oxford International Arbitration Series
Expected to ship within 12 - 19 working days
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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 its consensual 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 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; which, if any, are
the implied terms when consenting to arbitration; how consent to
arbitrate influences procedural aspects (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 clauses
or 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
multiparty arbitration and to jurisdictional questions in
investment arbitration.
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