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Arbitrability - International & Comparative Perspectives (Hardcover)
Loot Price: R5,852
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Arbitrability - International & Comparative Perspectives (Hardcover)
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It often seems today that no dispute is barred from resolution by
arbitration. Even the fundamental question of whether a dispute
falls under the exclusive jurisdiction of a judicial body may
itself be arbitrable. Arbitrability is thus an elusive concept; yet
a systematic study of it, as this book shows, yields innumerable
guidelines and insights that are of substantial value to arbitral
practice. Although the book takes the form of a collection of
essays, it is designed as a comprehensive commentary on practical
issues that emerge from the idea of arbitrability. Fifteen leading
academics and practitioners from Europe and the United States each
explore different facets of arbitrability always with a perspective
open to international developments and comparative evaluation of
standards. The presentation falls into two parts: in the first the
focus is on the general features of arbitrability, its rationale
and the laws applicable to it. In the second, arbitrability is
specifically examined in the context of administrative, criminal,
corporate, IP, financial, commercial, and criminal law This book
has its origins in an International Conference on Arbitrability
held at Athens in September 2005. Seven papers presented there are
here reviewed and updated, and nine others are added. The subject
of the book - arbitrability - is one that is much talked about, but
seldom if ever given the in-depth treatment presented here.
Arbitrators and other practitioners in the field will welcome the
way the analysis moves logically from theory to practice regarding
every issue, and academics will recognize a definitive treatment of
arbitrability as understood and applied in the settlement of
disputes today.
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