Overview

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Full Product Details

Author:   Andrea M. Steingruber (Attorney-at-law)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 2.90cm , Length: 25.30cm
Weight:   0.870kg
ISBN:  

9780199698158

ISBN 10:   0199698155
Pages:   416
Publication Date:   15 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Introduction PART I: THE CONSENSUAL NATURE OF ARBITRATION 2: The evolution of arbitration and its consensual nature 3: Capacity, restrictions, and limitations to consent to arbitration 4: The juridical nature of arbitration with particular regard to its consensual nature 5: The multiple facets of consent to arbitration and the determination of jurisdiction PART II: CONSENT IN COMMERCIAL ARBITRATION 6: The valid reaching of mutual consent to arbitration 7: Scope and interpretation of consent to arbitration 8: Consent to arbitration with a perceived reduced consensual character 9: Extension of consent to arbitration 10: Consent to arbitration related to procedural mechanisms PART III: CONSENT IN INVESTMENT ARBITRATION 11: Expression and reaching of consent to arbitration 12: The applicable law and interpretation of consent 13: Consent and the jurisdiction 14: The scope of consent in investment arbitration 15: Conclusion Bibliography Index

Reviews

The book includes original arguments and puts forward new suggestions. It also usefully focuses on problems that frequently arise in the practice of international arbitration, in paticular in complex multiparty arbitration and to jurisdictional questions in investment arbitration. * ASA Bulletin * Dealing with consent in all the areas of international arbitration was a major challenge in which the author has been totally successful. The book is evidence of extensive work and is rich in research and analysis. It will not be possible in the future to conduct any research on consent without referring to Steingruber's treatise. * Bernard Hanotiau, Global Arbitration Review * This is an important comprehensive research on the arbitration agreement for international investment arbitration. * Akira Sawai, JCA Journal * ^iConsent in International Arbitration^r contains a thorough analysis of a large number of cases, laws and regulations of various jurisdictions as well as an impressive amount of scholarly writings on arbitration. * Yuliya Chernykh, Law of Ukraine *

iConsent in International Arbitrationr contains a thorough analysis of a large number of cases, laws and regulations of various jurisdictions as well as an impressive amount of scholarly writings on arbitration. Yuliya Chernykh, Law of Ukraine

This is an important comprehensive research on the arbitration agreement for international investment arbitration. Akira Sawai, JCA Journal iConsent in International Arbitrationr contains a thorough analysis of a large number of cases, laws and regulations of various jurisdictions as well as an impressive amount of scholarly writings on arbitration. Yuliya Chernykh, Law of Ukraine

Author Information

Dr Andrea Marco Steingruber is an attorney-at-law in Switzerland and also admitted as a Solicitor (non-practising) in England and Wales. He studied law at the Universities of Berne, Edinburgh and London and business administration/economics at the University of St. Gallen. He concluded his studies in Berne with the admission to the Bar of Berne and he obtained his LLM in Commercial law from the University of Edinburgh (with distinction), and his PhD degree from Queen Mary, University of London.

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