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International Arbitration: Law and Practice in Switzerland

Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 22nd Oct 2015
Dimensions: w 177mm h 253mm d 40mm
Weight: 1294g
ISBN-10: 0199679754
ISBN-13: 9780199679751
Barcode No: 9780199679751
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Synopsis
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

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Practitioners in Switzerland and abroad will find the book to be a valuable addition to existing literature on international commercial arbitration in Switzerland owing to the authors clinical focus on the practice, procedure and case-law of the Swiss Federal Tribunal. The book reaffirms Switzerlands place as one of the most arbitration friendly jurisdictions and is likely to encourage practitioners to recommend Switzerland as a probable seat for arbitration to their
clients. In any event, the book is an excellent resource for the study of international arbitration for novices and experienced hands alike. * ASA Bulletin, 1/2016 * With a harmony rare in the world of legal scholarship, this thoughtful treatise provides a superb balance of the general and the specific, taking Swiss law as a prism through which to separate key themes in arbitrations juridical framework. Robust analysis gracefully weaves concrete illustrations into clear elaboration of broader principles. Counsel will find answers to questions encountered in practice, while scholars cannot fail to discover deeper understanding of
doctrinal dilemmas now facing cross-border dispute resolution. * Professor William W. Park, Boston University. President, London Court of International Arbitration. General Editor, Arbitration International. * The product of two brilliant professors, accomplished arbitrators and experienced counsel. * Pierre Tercier, Emeritus Professor, University of Fribourg, Switzerland. Former and Honorary Chairman, ICC International Court of Arbitration. * Its clear structure and the authors' fund of knowledge on the subject-matter make this book an excellent source of information for all users. * Dr. Georg von Segesser, Counsel, Schellenberg Wittmer, Zurich; FCIArb. * Vital and accessible, an indispensable reference guide for anyone interested in arbitral matters. * Professor Philippe Sands QC, University College London, Matrix Chambers. * In a single, immensely readable volume, the authors provide not only a comprehensive and authoritative account of Swiss international arbitration law, but one that is thoroughly informed by comparative as well as international sources. We thus have in this work an indispensable source of learning about a jurisdiction of fundamental importance in the world of international arbitration presented in as cosmopolitan a fashion as possible. * Professor George Bermann, Director, Center for International Commercial and Investment Arbitration, Columbia University. Editor-in-Chief, American Review of International Arbitration. *