International arbitration and private international law / George A. Bermann.
2017
INTERNET
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Author
Bermann, George A., author.
Title
International arbitration and private international law / George A. Bermann.
Uniform Title
Recueil des cours. 381.
Published
Leiden : Brill : Nijhoff, 2017.
Copyright
©2017
Call Number
INTERNET
ISBN
9789004348271 (electronic bk.)
9004348271 (electronic bk.)
9789004348257
9004348255
9004348271 (electronic bk.)
9789004348257
9004348255
Description
1 online resource.
System Control No.
(OCoLC)1096231330
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. Courts 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.
Note
"Full text of the General Course published in January 2017 in the Recueil des cours, Volume 381"--Page 2.
Bibliography, etc. Note
Includes bibliographical references and index
Digital File Characteristics
text file
Available in Other Form
Print version: Bermann, George A. International arbitration and private international law Leiden : Brill : Nijhoff, 2017 9004348255 (OCoLC)982969217
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Table of Contents
Preliminary Material
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
Index
About the Author
Printing Information.
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
Index
About the Author
Printing Information.