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Conflict of Laws in International Arbitration n.a.

:	Franco Ferrari, Stefan Kröll
:	Franco Ferrari, Stefan Kröll
:	Conflict of Laws in International Arbitration n.a.
:	sellier.european law publishers
:	9783866539297
:	1
:	CHF 70.20
:

:	Internationales Recht, Ausländisches Recht
:	English

:	479
:	DRM
:	PC/MAC/eReader/Tablet
:	PDF

< >Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no 'lex fori' in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.
This very beneficial book is dealing with
- the arbitration agreement,
- the jurisdiction of the arbitral tribunal,
- the law applicable to the merits and
- the arbitration procedure.

	Preface	6
	List of Contributors	8
	Contents	10
	Abbreviations	12
	I. Introduction	16
	Conficts of law in international arbitration – an overview	18
	II. Confict of Laws questions concerning the arbitration agreement and the jurisdiction of the tribunal	32
	The law applicable to the validity of the arbitration agreement: A practitioner’s view	34
	Applicable laws under the New York Convention	78
	Jurisdiction and applicable law in the case of so-called pathological arbitration clauses in view of the proposed reform of the Brussels I-Regulation	96
	Arbitrability and confict of jurisdictions: The (diminishing) relevance of lex fori and lex loci arbitri	132
	Extension of arbitration agreements to third parties: A never ending legal quest through the spatial-temporal continuum	152
	The effect of overriding mandatory rules on the arbitration agreement	202
	Arbitration and Insolvency – Selected confict of laws problems	226
	III. Confict of Laws questions concerning the law applicable to the merits	270
	Getting to the law applicable to the merits in international arbitration and the consequences of getting it wrong	272
	Mandatory rules of law in international arbitration	340
	Confict of overriding mandatory rules in arbitration	356
	The law applicable to the assignment of claims subject to an arbitration agreement	394
	IV. Confict of Laws questions concerning the arbitration procedure	422
	The laws governing interim measures in international arbitration	424
	Index	474