International Commercial and Marine Arbitration

By: Georgios I. Zekos

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Hardcover | 28 May 2008 | Edition Number 1

At a Glance

Hardcover
550 Pages

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23.39 x 15.6 x 3.02

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International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

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You Can Find This Book In

Non-Fiction Law International Law International Law of Transport International Maritime Law Settlement of International Disputes International Arbitration Laws of Specific Jurisdictions Legal System in General Civil Procedure, Litigation & Dispute Resolution Arbitration Company Law

Commercial Law Economics International Economics International Trade Jurisprudence & General Issues

Abbreviation	p. xi
Introduction	p. 1
The historical emergence of arbitration as a dispute mechanism and its characteristics	p. 9
Historical background	p. 9
Development of modern arbitration and its characteristics	p. 24
National courts in international commercial arbitration	p. 34
Introduction	p. 34
International commercial arbitration and national courts	p. 35
Conclusion	p. 51
The role of courts in commercial-maritime arbitration in US law	p. 53
Introduction	p. 53
The FAA and the RUAA	p. 65
The FAA and labor arbitration	p. 68
Court ADR	p. 73
The FAA and employment arbitration	p. 75
Arbitrability	p. 84
Initiating the arbitration	p. 94
The arbitration agreement	p. 95
Enforceability of international arbitration agreements	p. 114
Jurisdiction	p. 116
Applicable laws	p. 121
Conflict of laws rules established by the law of the arbitral situs	p. 124
Mandatory requirements of the arbitral situs	p. 125
Voluntary application of conflict of laws rules of arbitral situs	p. 125
The choice-of-law governing the parties' arbitration agreement	p. 128
Arbitrators	p. 132
Provisional measures in arbitration	p. 138
Enforcement in US courts of provisional measures ordered by arbitrators	p. 144
Stay of proceedings	p. 145
Parties' freedom to choose arbitral procedure	p. 147
Discovery and disclosure in arbitration	p. 152
The award-recognition-review and enforcement	p. 157
Enforceability and the NYC	p. 192
Conclusions	p. 197
The role of courts in commercial-maritime arbitration in English law	p. 200
Introduction	p. 200
Arbitrability	p. 205
The arbitration agreement	p. 206
Initiating arbitration and stay of proceedings	p. 215
Jurisdiction	p. 223
Determination of preliminary point of law	p. 230
Choice of law	p. 233
The law governing the agreement to arbitrate	p. 234
The law governing the reference to arbitration	p. 238
The law governing the procedure of the arbitration	p. 238
Arbitrators & the arbitral tribunal	p. 239
Removal of arbitrator by the court	p. 251
Arbitration proceedings	p. 254
Powers of court in relation to arbitral proceedings	p. 258
Interim measures & security in the 1996 Act	p. 265
The effect of arbitration on third parties	p. 270
The award, review and enforcement	p. 271
Exclusion of judicial control	p. 288
Enforcement of awards	p. 289
Enforcement of foreign awards	p. 291
Enforcement of NYC award	p. 294
Conclusions	p. 296
The role of courts in commercial-maritime arbitration in Greek law	p. 299
Introduction	p. 299
Arbitrability	p. 303
The arbitration agreement	p. 304
Jurisdiction and applicable law	p. 312
Initiating arbitration and stay of proceedings	p. 315
Arbitrators	p. 316
The arbitration procedure	p. 322
Review of award by courts	p. 324
Types of provisional remedies available in Greek law	p. 332
International commercial arbitration under law 2735/1999	p. 335
Conclusions	p. 337
The role of courts in commercial-maritime arbitration in Belgian law	p. 339
Introduction	p. 339
Arbitrability	p. 341
Arbitration agreement	p. 349
Arbitrators	p. 358
Applicable law	p. 364
Arbitration procedure	p. 370
The award and its review	p. 374
Enforcement of the award	p. 383
Conclusions	p. 387
Comparative analysis of the role of courts in US, English, Belgian and Greek law	p. 389
Introduction	p. 389
Arbitrability in US, English, Belgian and Greek law	p. 393
The arbitration agreement	p. 403
Initiating the arbitration and stay of proceedings	p. 414
Jurisdiction	p. 421
Applicable law	p. 425
Arbitrators	p. 428
The arbitration procedure	p. 436
Award and review of awards by courts	p. 441
Recognition and enforcement of awards	p. 463
Conclusions	p. 470
Arbitration co-equal and fully alternative to courts	p. 478
Current status of arbitration versus courts	p. 478
Arbitration co-equal to courts	p. 509
A draft national law establishing a co-equal arbitration mechanism	p. 518
Conclusions	p. 520
List of cases	p. 530
Index	p. 534
Table of Contents provided by Ingram. All Rights Reserved.

International Commercial and Marine Arbitration

At a Glance

Hardcover

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