The relative merits of different arbitral venues are conveyed
accessibly and practically in this far-reaching survey. With
contributions from prestigious practitioners from every major
global seat, the book offers comparative analysis of the relative
challenges arising at venues around the world, As a reliable tool
during the negotiation and drafting stages, it enables a newly
tactical consideration of venue, whilst providing instant answers
to those in unfamiliar jurisdictions. Offering detailed analysis of
a range of key venues, it addresses not only the practical reality
but also the history and development in these seats, making the
book both an academic and a practical investment.
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Location, location, location....
Wed, 2 Apr 2014 | Review
by: Phillip T.
LOCATION, LOCATION, LOCATION:
YES IT MATTERS IN ARBITRATION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Who knew? Who, that is, who has not been involved in international dispute resolution, including arbitration, would automatically assume that the choice of venue at which the arbitration takes place, would be such a crucial element in working toward a successful outcome.
But in arbitration, as in so many other facets of life, location matters, because, in the final analysis, jurisdiction matters. And now from the Oxford University Press, we have ample confirmation of this perfectly sensible assumption in the shape and form of this meticulously researched work of reference with its clear, self-explanatory title.
Writing in the Foreword, Julian Lew refers to the book as ‘an informative tool to aid understanding of the legal systems and arbitration regimes in twenty different countries.’ Confirming that location does matter when you are involved in any cross-border arbitration, he goes on to say that ‘it is essential that the parties and lawyers understand the effect of the selection of a country and venue as the seat for their arbitration.’ This book will certainly help aforementioned parties to do just that, explaining in precise terms why -- and how -- they should do it.
The ‘seat’ of arbitration, the ‘siege de l’arbitrage’ continues Lew, is ‘the place where the arbitration belongs and where its character may be determined or at least influenced.’ The book thus goes on to introduce you the reader to, almost literally, a world of choice of possible arbitration venues, from Brussels and Buenos Aires to Sydney, the United States (New York, Miami and Houston) and Vienna. London, Paris and Moscow are also on the list – well, naturally!
The importance of choosing the right venue -- i.e. the appropriate jurisdiction -- has long been recognized by the International Law Section of the American Bar Association as indicated by its vigorous debate on the subject at the Section’s meeting, which took place in Paris in 2010 – and which apparently generated the initial idea for this book.
Heading a team of over 30 international contributors, mostly from top law firms and leading academic institutions worldwide, the editors have created a splendid guide to this often complex and certainly wide-ranging subject. And, with its copious footnoting, extensive index and a section of almost 30 pages of tables of cases and of legislation, the book is also a formidable research resource,
As an authoritative work of reference, the book is aimed primarily at an erudite readership of international lawyers, arbitrators and academics worldwide. If you are a practitioner or arbitrator, or involved in any way with dispute resolution, this is a volume you should definitely add to your professional library. The publication date is cited as at June 2013.
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