Consent in international arbitration / Andrea Marco Steingruber.
2012
K2400 .S742 2012 (Map It)
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Details
Author
Title
Consent in international arbitration / Andrea Marco Steingruber.
Published
Oxford : Oxford University Press, 2012.
Call Number
K2400 .S742 2012
Edition
First edition.
ISBN
9780199698158 (cloth)
0199698155 (cloth)
0199698155 (cloth)
Description
xlviii, 366 pages ; 25 cm.
System Control No.
(OCoLC)761380033
Bibliography, etc. Note
Includes bibliographical references (pages 331-359) and index.
Record Appears in
Table of Contents
Tables of Cases
xiii
Table of Legislation
xxxi
List of Abbreviations
xli
1.
Introduction
1
A.
The Issue
2
B.
Scope of the Book
18
C.
Structure of the Book
24
I.
THE CONSENSUAL NATURE OF ARBITRATION
9
2.
The Evolution of Arbitration and its Consensual Nature
11
A.
The Classical Characterization of Arbitration
3
B.
The Historical Evolution of the Concept and the Consensual Nature of Arbitration
20
C.
The Framework of Instruments Where Acceptance of the Use of Arbitration as a Dispute Resolution Mechanism is Embedded
61
3.
Capacity, Restrictions, and Limitations to Consent to Arbitration
31
A.
Capacity to Consent to Arbitration
3
B.
Restrictions on die States'/States Agencies' Entitlement to Consent to Arbitration
17
C.
Limitation of Parties' Freedom to Consent to Arbitration: the Issue of Arbitrability
36
4.
The Juridical Nature of Arbitration With Particular Regard to its Consensual Nature
53
A.
Theories Which Reflect the Contraposition Between State Sphere and Private Sphere
7
B.
Theories Which Reflect the Growing Acceptance to use Arbitration as a Dispute Resolution Mechanism
23
C.
The New Field of Investment Arbitration: Departing From Contract for Explaining Consent to Arbitration?
33
5.
The Multiple Facets of Consent to Arbitration and the Determination of Jurisdiction
69
A.
Consensual as a Criterion of Arbitration's Qualification
7
B.
Expression of Consent to Arbitration
13
C.
Consent to Arbitration as Reaching of Mutual Consent, ie the Substantive Side of the Arbitration Agreement
43
D.
Proposal for a Classification of Types of Consent
78
E.
Determination of Jurisdiction, With Particular Regard to Issues Concerning Parties' Consent
82
II.
CONSENT IN COMMERCIAL ARBITRATION
97
6.
The Valid Reaching of Mutual Consent to Arbitration
99
A.
The Law Governing Arbitration Agreements
4
B.
The Form Requirement for Arbitration Agreements in Relation to Consent to Arbitration
22
C.
The Substantive Elements of Consent to Arbitration
53
7.
Scope and Interpretation of Consent to Arbitration
119
A.
Disputes Covered by the Arbitration Agreement
5
B.
Set-off and Counterclaims
12
C.
Interpretation of Consent to Arbitration
27
8.
Consent to Arbitration with a Perceived Reduced Consensual Character
131
A.
Unilateral Arbitration Agreements
5
B.
Arbitration Clauses Incorporated by Reference
16
C.
Arbitration Clauses in Articles of Association
44
9.
Extension of Consent to Arbitration
144
A.
Extension of Consent to Arbitration by Application of General Principles of Contract Law or Corporate Law
3
B.
Extension of Consent to Arbitration to Non-Signatories
30
10.
Consent to Arbitration Related to Procedural Mechanisms
165
A.
Joinder and Intervention of Third Parties in Arbitrations
3
B.
Consolidation of Arbitrations
24
C.
Problems of Enforcing Awards in Multiparty Arbitrations
72
III.
CONSENT IN INVESTMENT ARBITRATION
185
11.
Expression and Reaching of Consent to Arbitration
189
A.
The Formal Requirement of Consent to Arbitration
4
B.
Conditions Prior to Consent to Arbitration
8
C.
Ways of Expressing and Reaching Consent to Arbitration
28
D.
Consent to Arbitration From a Time Perspective
82
12.
The Applicable Law and Interpretation of Consent
224
A.
Applicable Law and Interpretation of Consent to Arbitration: International or National Law?
5
B.
Inclinations in Interpreting?
46
C.
Expansive Interpretation in Case of Successive Legal Instruments
63
D.
Principles of Interpretation
67
E.
Umbrella Clauses: Expansion of Host State's Consent to Arbitration by Elevating Contractual Disputes to Treaty Disputes
77
13.
Consent and Jurisdiction
253
A.
Consent as the Subjective Side of Jurisdiction
3
B.
Consent and Jurisdiction Ratione Materiae
10
C.
Consent and Jurisdiction Ratione Personae
59
D.
Consent and Jurisdiction Ratione Temporis
109
E.
Consent With Regard to Procedural Mechanisms: Provisions Aimed at Avoiding the Duplication of Proceedings and Consolidation Provisions
146
14.
The Scope of Consent in Investment Arbitration
298
A.
The Scope of Consent and its Limitations
2
B.
Counterclaims
13
C.
Consent and Most-Favoured-Nation Clauses
25
D.
Delimitation From State to State Arbitration Provided for in Investment Treaties
76
15.
Conclusion
321
A.
The Different Perspectives of Consent
4
B.
The Consensual and Contractual Nature of Arbitration
46
Bibliography
331
Index
361