By Sandra Synková
International arbitration has turn into the popular approach to resolving disputes among company companions in nearly each element of foreign exchange, trade, and funding. The answer of a dispute by way of foreign arbitration presents the events with a chance to solve their disputes in a personal, personal, price and time effective demeanour sooner than a impartial tribunal in their selection. even if, demanding situations to arbitral jurisdiction became a standard perform within the box. solution of such demanding situations may possibly considerably hold up the answer of the events’ basic great dispute, bring up total dispute answer expenditures or even whittle down some great benefits of the events’ discount to arbitrate. therefore, adopting a formal method of the solution of such disputes turns into the most important to the efficacy of overseas arbitration as a process of dispute solution. the current e-book presents a comparative research of the perform of 3 rigorously chosen felony orders: the English, German and Swiss and descriptions attainable methods ahead. because the paintings moves a stability among concept and perform, it is going to attract practitioners, researchers, but additionally scholars trying to improve their realizing of the overseas arbitration field.
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Overseas arbitration has develop into the popular approach to resolving disputes among company companions in virtually each point of overseas alternate, trade, and funding. The answer of a dispute via foreign arbitration presents the events with a chance to unravel their disputes in a personal, exclusive, expense and time effective demeanour ahead of a impartial tribunal in their selection.
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Additional resources for Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order
624. 8 Born (2009), 1013. 2 Enforcement of Agreements to Arbitrate 21 Convention suggests that there might be an obligation to authoritatively direct the parties to proceed with the resolution of their dispute in arbitration (“The court [. ] shall [. e. by means of enforcing the negative obligation not to litigate. Thus by not permitting the dispute to proceed in the courts, the parties are left without any other option of recourse than to submit their claims to the arbitral tribunal constituted pursuant to their agreement.
See infra at Sect. 2 et seq. 43 Quite similarly, the UNCITRAL Model Law requires (1) an action in a matter which is the subject of an arbitration agreement; (2) request by one of the parties; (3) the court does not find that the agreement is null and void, inoperative or incapable of being performed. 44 For the discussion of the differences between arbitrability and jurisdiction see infra at Sect. 6 at seq. 45 See infra at Sect. 6 et seq. 32 2 Functional Equivalents for Comparison In conclusion, the brief overview of the terms of the compared legal provisions did not reveal any major differences between them.
Accordingly, comments on provisions of international arbitration statutes, treaties, arbitral case law and practice have prevailed over analyses of the underlying values and structure of the field. Although legal theory is occasionally used to provide a theoretical support for a particular view on the existing law or practice, or the proposition to change either of them, the theoretical foundation of such propositions is rarely articulated. It may thus be concluded that the contemporary arbitration scholarship has, rather than dogmatically, been oriented primarily pragmatically.
Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order by Sandra Synková