This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The … Switzerland), as well as the main Anglophonic jurisdictions traditionally viewed as main players in the common law world in the …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 …

possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …

In the past ten to twenty years, the use of arbitration as a form of private dispute resolution has proliferated as a … result of mandatory predispute and form arbitration contracts between corporate entities and their customers, patients, or … provide arbitration support and administrative services (provider institutions). Under the doctrine of arbitral immunity, both …

This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It …

Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …

Although nearly all arbitration rules provide for the right to assert counterclaims in investor-state disputes, many … investment contract concluded with the State. The State, however, cannot assert counterclaims in investor-state arbitration based …

Under the national procedural rules of most countries, judicial assistance in aid of international arbitration will be … granted only by the courts at the seat of the arbitration (absent a letter rogatory from a court of the arbitral seat to a … court in another jurisdiction). Germany, following an arbitration-friendly approach, departed from this standard practice by …

Contrary to the numerous accounts of fragmentation in investment arbitration case law, this Article shows that the case … law depicts a high degree of cohesion. The Article argues that jurisprudence in investment arbitration is stabilized by … legitimacy and the future of investment arbitration away from fragmentation to the main principles that have guided the …