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French Arbitration Law and Practice - A Dynamic Civil Law Approach to International Arbitration (Hardcover, 2nd New edition)
Loot Price: R7,231
Discovery Miles 72 310
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French Arbitration Law and Practice - A Dynamic Civil Law Approach to International Arbitration (Hardcover, 2nd New edition)
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Total price: R7,251
Discovery Miles: 72 510
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Increasingly, and to a greater degree than most national
jurisdictions, France encourages and favours private arbitration as
the normal and usual method for the resolution of disputes arising
from international economic relations. In this new edition of the
standard English-language work on French arbitration law and
practice, the authors examine this trend as rules and practices
developed in international arbitration have taken hold in French
domestic arbitration and vice versa. Accordingly, the authors
present the French arbitral process as one entire system of dispute
resolution, which consists of various stages from the formation of
the arbitration agreement to enforcement of the award, without
dividing the subject into the formally distinct parts of domestic
and international arbitration. The new edition highlights such
features of this dynamic body of arbitration law as the following:
- characterization of international arbitration by French courts; -
cases which require decisions by a national court or authority; -
cases where inarbitrability arises from protection of the weaker
party to a contract; - cases where the decision sought would
infringe a general rule of public policy; - authority and duties of
the arbitral tribunal; - rights, obligations and liabilities of
arbitrators; - the time factor in the conduct of arbitral
proceedings; - tender and reception of evidence; - prescribed
substantive rules of law; - the immediate effect and consequences
of the arbitral award; - enforcement of the award in France
(exequatur); - contesting orders of the juge de l'exequatur; -
grounds common to annulment of awards; and - enforceability of
awards pending challenge. At each stage the authors emphasize
variations arising in international arbitration. The presentation
also takes account, with comments at relevant points, of the
influential 2006 Draft Reform of the Comite Francais de
l'Arbitrage, which proposes to write into the Code de Procedure
civile some of the arbitration-related matters which have been the
subject of national court decisions. A highly useful annex reprints
relevant French legislation, as well as the texts of major
international arbitration conventions and an extensive
bibliography. The objective of the book is to present a modern and
efficient arbitration system, not only to readers who are
encountering it for the first time, but also to those who, although
well-versed in it, might benefit from a text in English, with the
comparisons to common law provisions such an undertaking entails.
Any practitioner or academic interested in the field of
international arbitration and the enforcement of foreign awards
will welcome this very useful and informative work.
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