International Commercial Arbitration and the Courts - 4th Edition
Hans Smit and Vratislav Pechota, Editors
Price: $235.00 1000 pages. 1 Hardcover Volume. Tables. Appendices. Published March 2004.
ISBN-13: 978-1-929446-59-9 / ISBN-10: 1-929446-59-4
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Preface
Introduction
Table of International Conventions and Model Laws
Table of Legislation
Table of Cases
Abbreviations
Classification System
Country Codes
A. JURISDICTION AND COURT ASSISTANCE
1. Jurisdiction and Powers of Courts
2. Proceedings to Compel Arbitration
3. Judicial Consolidation of Arbitral Proceedings
4. Stay of Court Proceedings
5. Stay of Arbitration
6. Judicial Appointment and Removal of Arbitrators
7. Judicial Assistance in Procedural Matters
8. Judicial Granting of Interim Relief
9. Judicial Confirmation of Award
B. SETTING ASIDE OF ARBITRAL AWARDS
1. Generally
2. Grounds for Setting Aside
(a) Dispute Not Arbitrable
(b) Incapacity of Parties
(c) Absence or Invalidity of Arbitration Agreement
(d) Defects in Constitution of Arbitral Tribunal
(e) Defects in Service of Notice of Arbitration and Violation of Due Process
(f) Defects in Arbitral Proceedings
(g) Excess of Jurisdiction
(h) Mistakes by Arbitrators
(i) Fraud, Corruption, Undue Influences, Misconduct
(j) Defects in Award
(k) Public Policy
(l) Disregard or Error of Law
(m) Other Grounds
3. Appeal, Review, or Modification
4. Remand
C. ENFORCEMENT OF ARBITRAL AWARDS
1. Enforceability of Arbitral Awards
2. Recognition and Enforcement of Foreign and International Awards
3. Applicable Law
4. Application of the New York Convention of 1958
5. Procedure for Enforcement
6. Grounds for Refusal to Enforce
(a) In General
(b) Dispute Not Arbitrable
(c) Incapacity of Parties
(d) Absence or Invalidity of Arbitration Agreement
(e) Violation of Due Process
(f) Excess by Arbitrator of His Authority
(g) Irregularity in the Composition of Arbitral Tribunal
(h) Irregularity in Arbitral Procedure
(i) Defects in Award
(j) Award Not Binding or Set Aside
(k) Plea of Sovereign Immunity
(l) Public Policy
(m) Other Grounds
7. Stay of Enforcement
8. Appeal of Enforcement Decision