Consolidation in International Commercial Arbitration

Beschrijving
Voorwoord

Inhoudsopgave

1	Introduction
2	Purpose of Consolidation
3	Consolidation Procedures in Institutional Arbitration
4	ICC and Swiss Rules Consolidation in Detail
5	Consent to Consolidation
6	Background on Consolidation Decisions
7	Challenge of the Decision on Consolidation
8	Aside: Arbitrators’ Choices
9	Arbitrator Selection
10	Aside: Duty to Create an Enforceable Award
11	Procedural Adjustments Required by the Lex Fori
12	Procedural Adjustments Required by the New York Convention
13	Usefulness of Consolidation
14	Proposed Solutions
	Bibliography
	Index
Afbeeldingen

Beschrijving

This book deals with consolidation of arbitral disputes pending before either the International chamber of Commerce or the Swiss Chambers of Commerce. It is mainly concerned with determining both the logical and the legal justifications for these rules, using Switzerland as the seat country and Germany and the United States as sample enforcement countries.

The book first covers the validity of choosing consolidation by reference to these institutional rules. Secondly, the choice of arbitrators is discussed in light of party equality and party autonomy versus mandatory local laws. Thirdly, procedural adjustments, made necessary by the use of a consolidation procedure, are analyzed. Fourthly, the logical justifications for consolidation will be tested.

This work concludes that only a policy of restraint and a spelling out of criteria for consolidation will serve the purposes of consolidation and withstand judicial scrutiny.

 

Doelgroep

This work is of interest to legal academics and arbitration professionals.

Auteursinformatie

Lara Michaela Pair (Emory School of Law, Atlanta, USA) is a practicing lawyer who operates in particular in international business law, arbitration, litigation, as well as in the Anglo-American and the civil law legal system. She finished her legal studies in the United States with the Juris Doctor and is a member of the Bar of Georgia, USA. She also completed the German legal studies and is a member of the bar of Nürnberg, Germany. With this work, she was awarded her doctoral degree from the University of St. Gallen, Switzerland. 

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