Synopses & Reviews
This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.
About the Author
Georgios Petrochilos was educated in Athens, Strasbourg, and Oxford. He obtained his doctorate from Oxford, where he also taught public and private international law. He currently practises in the fields of international arbitration and international law from the Paris office of Freshfields Bruckhaus Deringer.
Table of Contents
Introduction I - The Area of Inquiry: International Commercial Arbitration
II - The Object of Inquiry
III - The Method and Purpose of the Inquiry
1. Theories on the Lex Arbitri
I - Introduction to the Notions
II - Seat Theories
III - Legal Localization
IV - Approaches to Delocalization
V - Concluding Remarks: Desiderata
2. Representative Municipal Laws and Suggested Model of Arbitration Regulation
I - Localization by Choice of Law: Its Shortcomings and Abandonment
II - The Basic Tenets of Modern Arbitration Law
III - The Seat as the Focal Point in International Arbitration: Its Jurisdictional Title and Functions
IV - Conclusions
3. Human Rights Law Requirements - Jurisdictional and Substantive
I - The Principal Obligations
II - Arbitration Agreements as Waivers of the Right to a Court: Formal Requirements
III - Material Requirements under Article 6(1)
IV - Are Arbitral Tribunals bound to Apply the ECHR?
V - An International Obligation to Control Arbitral Proceedings?
VI - Conclusions
4. Arbitral Practice: Conflicts and Material Rules on Procedure
I - A Survey of Arbitration Rules
II - Overview of Arbitration Practice with Particular Reference to ICC Practice
III - General Principles of Arbitral Procedure
5. Arbitrations involving a State or Analogous Entity: Their Procedural Régime and its Relevance
I - Defining the Issues
II - The Iran-United States Tribunal
III - Foreign Investment Treaty Arbitration
IV - Ad hoc Proceedings involving States or International Organizations
V - Conclusions
6. Enforceability of Awards annulled in their State of Origin
I - The General Convention Framework
II - The Case-law
III - The Proper Limits for Discounting Annulment
IV - The Case for Restraint
V - Conclusion
7. The Requisite Degree of Connection between the Award and Municipal Law
I - Some Clarifications
II - Foreign and Non-Domestic Awards
III - Awards of the Iran-United States Claims Tribunal
IV - Anational and Stateless Awards
V - Conclusions
Conclusions
Bibliography