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OverviewThis book examines the formation, nature and effect of the arbitrators' contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator's contract in both ad hoc and institutional references. It also examines the institution's contract with the disputing parties and its effect on the arbitrator's contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator's contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator's contract and the terms of this contract and the institution's contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator's Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution. Full Product DetailsAuthor: Emilia Onyema (School of Oriental and African Studies, University of London, UK)Publisher: Taylor & Francis Ltd Imprint: Routledge Volume: v. 2 Dimensions: Width: 15.60cm , Height: 1.80cm , Length: 23.40cm Weight: 0.680kg ISBN: 9780415492782ISBN 10: 0415492785 Pages: 274 Publication Date: 05 February 2010 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsIntroduction 1. Arbitration Agreement 2. Juridical and Relationship Theories 3. Parties to the Arbitrator’s Contract 4. Formation of the Arbitrator’s Contract 5. Terms of the Contracts 6. Remedies 7. Termination of the ContractsReviews"""International Commercial Arbitration and the Arbitrator's Contract provides a most useful and interesting insight into the web of contractual relationships underpinning arbitration as a dispute settlement mechanism."" ""Perhaps the most admirable facet of Onyema's work is its ability to constantly draw the reader back to the fact that international commercial arbitration is a private device underpinned by private contractual relationships ... The depth of Onyema's analysis into these contractual relationships makes her text an illuminating read."" Benjamin Hayward; The Vindobona Journal of International Commercial Law and Arbitration, Vol 14, issue 2 (2010)" International Commercial Arbitration and the Arbitrator's Contract provides a most useful and interesting insight into the web of contractual relationships underpinning arbitration as a dispute settlement mechanism. Perhaps the most admirable facet of Onyema's work is its ability to constantly draw the reader back to the fact that international commercial arbitration is a private device underpinned by private contractual relationships ... The depth of Onyema's analysis into these contractual relationships makes her text an illuminating read. Benjamin Hayward; The Vindobona Journal of International Commercial Law and Arbitration, Vol 14, issue 2 (2010) International Commercial Arbitration and the Arbitrator's Contract provides a most useful and interesting insight into the web of contractual relationships underpinning arbitration as a dispute settlement mechanism. Perhaps the most admirable facet of Onyema's work is its ability to constantly draw the reader back to the fact that international commercial arbitration is a private device underpinned by private contractual relationships ... The depth of Onyema's analysis into these contractual relationships makes her text an illuminating read. Benjamin Hayward; The Vindobona Journal of International Commercial Law and Arbitration, Vol 14, issue 2 (2010) Author InformationEmilia Onyema is a Lecturer in Law at the School of Oriental and African Studies, University of London, UK. Tab Content 6Author Website:Countries AvailableAll regions |
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