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International Commercial Arbitration and the Arbitrator's Contract (Paperback)
Loot Price: R1,581
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International Commercial Arbitration and the Arbitrator's Contract (Paperback)
Series: Routledge Research in International Commercial Law
Expected to ship within 12 - 17 working days
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This book examines the formation, nature and effect of the
arbitrators' contract, addressing topics such as the appointment,
challenge, removal and duties and rights of arbitrators, disputing
parties and arbitration institutions. The arguments made in the
book are based on a semi-autonomous theory of the juridical nature
of international arbitration and a contractual theory of the legal
nature of these relationships. From these premises, the book
analyses the formation of the arbitrator's contract in both ad hoc
and institutional references. It also examines the institution's
contract with the disputing parties and its effect on the
arbitrator's contract under institutional references. The book
draws from national arbitration laws and institutional rules in
various jurisdictions to give a global view of the issues examined
in it. The arbitrator's contract is analysed from a global
perspective of arbitral law and practice with insights from various
jurisdictions in Africa, Asia, Europe, North and South America. The
primary focus of the book is an analysis of the formation of the
arbitrator's contract and the terms of this contract and the
institution's contract. The primary question of the consequences
(if any) of the breaches of the terms of these contracts and its
impact on the exclusion or limitation of liability of arbitrators
and institutions is also analysed with the conclusion that since
these transactions are contractual and the terms can be categorised
as in any normal contract, then normal contractual remedies can be
applied to the breaches of these terms. International Commercial
Arbitration and the Arbitrator's Contract will be of great value to
arbitration practitioners and researchers in arbitration. It will
also be very useful to students of arbitration on the topics of
arbitrators and arbitration institution.
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