The Scope of Arbitrability » książka
The Scope of Arbitrability
ISBN-13: 9783639152180 / Angielski / Miękka / 2009 / 156 str.
Through extensive data and case analyses, this book examines the scope of the principle of arbitrability in international commercial arbitration. Its particular emphases is on the extent of its applicability on commercial claims, which, though forming part of private dispute settlement agreements by arbitration, have usually remained excluded from the jurisdiction of arbitration tribunals. The book begins with a conceptual study of the principle and its historical development, as well as the underlying considerations generally advanced to support limitations to arbitrability. The main areas covered include; anti trust and competition claims, securities claims, intellectual property claims and bankruptcy disputes. With the aid of recent decisions and case law by courts in the US and accross Europe that cut accross these traditional so called "No go" areas for alternative dispute resolution (ADR) institutions, the author argues that arbitrability is a principle in crisis.
Through extensive data and case analyses, this book examines the scope of the principle of arbitrabilityin international commercial arbitration. Itsparticular emphases is on the extent of itsapplicability on commercial claims, which, thoughforming part of private dispute settlement agreementsby arbitration, have usually remained excluded fromthe jurisdiction of arbitration tribunals. The bookbegins with a conceptual study of the principle andits historical development, as well as the underlyingconsiderations generally advanced to supportlimitations to arbitrability. The main areas coveredinclude; anti trust and competition claims,securities claims, intellectual property claims andbankruptcy disputes. With the aid of recent decisionsand case law by courts in the US and accross Europethat cut accross these traditional so called "No go"areas for alternative dispute resolution (ADR)institutions, the author argues that arbitrability isa principle in crisis.
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