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International arbitration and private international law

Title
International arbitration and private international law / George A. Bermann.
ISBN
9789004348257
9004348255
Publication
Leiden : Brill : Nijhoff, 2017.
Copyright Notice Date
©2017.
Physical Description
644 pages ; 8 cm.
Notes
"Full text of the General Course published in January 2017 in the Recueil des cours, Vol. 381"--Page [2].
Summary
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration?s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges.0Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of ?soft law?, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Variant and related titles
Recueil des cours.
Format
Books
Language
English
Added to Catalog
November 02, 2017
Series
Pocketbooks of The Hague Academy of International Law.
Bibliography
Includes bibliographical references and index.
Contents
International commercial arbitration as a private international law enterprise
Arbitral jurisdiction and the arbitration agreement
Choice of law governing the arbitration agreement
The lex arbitri and the arbitral seat
Parallel litigation and arbitration
Choice of substantive law
Limits to party autonomy in choice of law
The award
Annulment of awards
Recognition and enforcement of arbitral awards.
Also listed under
Hague Academy of International Law.
Citation

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