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The Cambridge Handbook of Judicial Control of Arbitral Awards

£27.99

Part of Cambridge Law Handbooks

Marta Infantino, Nathalie Potin, Larry A. Dimatteo, Carlos Matheus López, Tunde Ogunseitan, Alexander Belohlavek, Richard Happ, Daìrio Manuel Lentz De Moura Vicente, Rocio Digon, Tony Cole, Alexandra-Luiza Ionescu (Mareș), Philippe Cavalieros, Maria Beatriz Burghetto, Luke Nottage, Nobumichi Teramura, Jim Morrison, Oleg Temnikov, Lei Chen, Wang Hao, Denis Bensaude, Joseph Schwartz, Jerzy Pisuliński, Piotr Tereszkiewicz, Dmitry Dozhdzev, Teresa Rodriguez De Las Heras Ballell, Phillip Landolt, Galyna Mykhailiuk, Andrew Tetley, Friedrich Rosenfeld
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  • Date Published: March 2023
  • availability: Available
  • format: Paperback
  • isbn: 9781009293174

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About the Authors
  • A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

    • Discusses important issues in international commercial arbitration theory and practice
    • Provides a comprehensive reference to rules and issues relating to arbitrator misconduct
    • Reviews areas of non-arbitrability under national laws by highlighting the differences in the meaning of public policy across countries
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    Reviews & endorsements

    'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

    'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre

    'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University

    '… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & Trade

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    Product details

    • Date Published: March 2023
    • format: Paperback
    • isbn: 9781009293174
    • length: 485 pages
    • dimensions: 254 x 177 x 26 mm
    • weight: 0.92kg
    • contains: 1 b/w illus. 2 tables
    • availability: Available
  • Table of Contents

    Part I. Vacating Commercial Arbitration Awards:
    1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo
    2. Independence and impartiality of arbitrators Carlos Matheus López
    3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan
    4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek
    Part II. Enforcing Commercial Arbitration Awards:
    5. Inter-arbitration association conflict Richard Happ
    6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente
    Part III. Scope and Interpretation of Arbitration Clauses:
    7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole
    8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș)
    9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros
    Part IV. Judicial Control over Arbitral Awards: Country Reports:
    10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto
    11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison
    12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov
    13. Judicial control of arbitral awards in China Lei Chen and Wang Hao
    14. Judicial control of arbitral awards in France Denis Bensaude
    15. Judicial control of arbitral awards in Germany Joseph Schwartz
    16. Judicial control of arbitral awards in Italy Marta Infantino
    17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin
    18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz
    19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev
    20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell
    21. Judicial control of arbitral awards in Switzerland Phillip Landolt
    22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk
    23. Judicial control of arbitral awards in United Kingdom Andrew Tetley
    24. Judicial control of arbitral awards in the United States Larry A. Dimatteo
    Part V. Summary and Findings:
    25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo
    26. Shared control system over arbitral proceedings Friedrich Rosenfeld.

  • Editors

    Larry A. DiMatteo, University of Florida
    Larry A. DiMatteo is Huber Hurst Professor of Contract Law, Warrington College of Business and Levin College of Law at the University of Florida. He is the former Editor-in-Chief of the American Business Law Journal, a 2012 Fulbright Professor, and author of thirteen books including The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms (with Michel Cannarsa and Cristina Poncibò, Cambridge, 2019).

    Marta Infantino, University of Trieste
    Marta Infantino is Associate Professor of Comparative Law, IUSLIT Department, University of Trieste. She has held visiting professorships in Canada, Colombia, and France. She has authored or co-authored eight books and more than sixty articles in Italian, French, and English. Her work has been translated into Greek, Chinese, and Spanish.

    Nathalie M-P Potin, Lyon Catholic University
    Nathalie M-P Potin is Academic Director of LL.M./Masters in English at the Faculty of Law, Catholic Univeristy of Lyon. She has practiced in several international commercial law firms and worked at the Secretariat of the International Court of Arbitration of the International Chamber of Commerce. She holds visiting professorships in Europe, the Middle East, and the United States.

    Contributors

    Marta Infantino, Nathalie Potin, Larry A. Dimatteo, Carlos Matheus López, Tunde Ogunseitan, Alexander Belohlavek, Richard Happ, Daìrio Manuel Lentz De Moura Vicente, Rocio Digon, Tony Cole, Alexandra-Luiza Ionescu (Mareș), Philippe Cavalieros, Maria Beatriz Burghetto, Luke Nottage, Nobumichi Teramura, Jim Morrison, Oleg Temnikov, Lei Chen, Wang Hao, Denis Bensaude, Joseph Schwartz, Jerzy Pisuliński, Piotr Tereszkiewicz, Dmitry Dozhdzev, Teresa Rodriguez De Las Heras Ballell, Phillip Landolt, Galyna Mykhailiuk, Andrew Tetley, Friedrich Rosenfeld

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