Consolidation in International Commercial Arbitration: The ICC and Swiss Rules Pair

ISBN: 9789490947279

Published: March 28th 2012

Hardcover

254 pages


Description

Consolidation in International Commercial Arbitration: The ICC and Swiss Rules  by  Pair

Consolidation in International Commercial Arbitration: The ICC and Swiss Rules by Pair
March 28th 2012 | Hardcover | PDF, EPUB, FB2, DjVu, audiobook, mp3, ZIP | 254 pages | ISBN: 9789490947279 | 9.65 Mb

This book deals with consolidation of arbitral disputes pending before either the International Chamber of Commerce or the Swiss Chambers of Commerce. It is mainly concerned with determining both the logical and the legal justifications for theseMoreThis book deals with consolidation of arbitral disputes pending before either the International Chamber of Commerce or the Swiss Chambers of Commerce. It is mainly concerned with determining both the logical and the legal justifications for these rules, using Switzerland as the seat country and Germany and the United States as sample enforcement countries.

The book covers the validity of choosing consolidation by reference to these institutional rules. The choice of arbitrators is discussed in light of party equality and party autonomy vs. mandatory local laws. Additionally, procedural adjustments - made necessary by the use of a consolidation procedure - are analyzed and the logical justifications for consolidation are tested. Consolidation in International Commercial Arbitration concludes that only a policy of restraint and a spelling out of criteria for consolidation will serve the purposes of consolidation and withstand judicial scrutiny.

The book will be of interest to legal academics and arbitration professionals. (Series: International Commerce and Arbitration - Vol. 10)



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