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Forum Internationale: The New German Arbitration Law in International Perspective - The New German Arbitration Law in International Perspective (Paperback)
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Forum Internationale: The New German Arbitration Law in International Perspective - The New German Arbitration Law in International Perspective (Paperback)
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The contents of number 26 of the Forum International Series are
related to procedural law. The first lecture has been written by
Klaus Peter Berger. It deals with the new German Arbitration Act.
He provides a brief account of the drafting history of the new law,
highlights six important areas of international arbitration law and
practice, and explains the solutions chosen by the German
legislator. He treats, among other topics, arbitrability, arbitral
interim relief and conflict of laws. An English translation of the
German Arbitration Act can be found at the end of the text. The
second lecture is written by Catherine Kessedjian and has as its
topic the future Hague Convention on International Jurisdiction and
Recognition and Enforcement. As deputy Secretary-General of the
Hague Conference on Private International Law, Mrs. Kessedjian is
heavily involved in the activities concerning this convention. The
lecture discusses the need for such a convention and the structure
such a convention could adapt (single, double or mixed).
Furthermore, some grounds for jurisdiction, such as those for
disputes relating to contracts and torts, the forum non conveniens
and provisional measures, are discussed in more depth, as are the
basic requirements for enforcement. At the end the question is
raised as to which mechanism can be devised to create a forum in
which questions of interpretation can be solved in an easy and
quick manner and against low costs, and how uniform interpretation
can be guaranteed.
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