by: Pieter Sanders
USD price: $250.00
Lawyer, arbitrator, negotiator, author, educator, drafter, rapporteur – for sixty years Pieter Sanders has been in the eye of the storm as during this period arbitration grew into the world's preferred method for the resolution of commercial disputes. No one is better qualified to assess the current worldwide condition and prospects of arbitration and conciliation, or to offer practical, insightful solutions to the problems confronting arbitration practice today.
Quo Vadis Arbitration? will not disappoint the many lawyers, judges, legislators and businesspeople to whom it is addressed. Drawing on his wide and varied experience--and especially on the occasions when resourceful measures had to be taken in the absence of clear legal guidance--Professor Sanders presents cogent, well-reasoned arguments and recommendations for:
the main issues which may arise in any arbitration
a revision of the UNCITRAL Model Law
a harmonisation of Rules on Conciliation and drafting a Model Law on Conciliation
refining Codes of Ethics and Codes of Taking Evidence to strengthen bridges between cultural differences
A list of the author's achievements is virtually a history of the development of international arbitration since the 1930s. With many warmly shared anecdotes of the conflicts, compromises and triumphs of pivotal meetings and conventions, Professor Sanders takes the reader behind the scenes for a rare glimpse into the inner workings of the complex and rewarding process that created this invaluable modern discipline.
Quo Vadis Arbitration? also provides a masterful but simple exposition of the arbitral process, from the validity of the arbitration agreement to the means of recourse against the award. This is a book that will be warmly appreciated--and used--by arbitration specialists of any degree of expertise, anywhere in the world.
I: Changes in Arbitration Practice and Climate
B. Changes in the Arbitration Climate
II: Different Concepts of Arbitration
B. The Civil Law Concept of Arbitration
III: Regional Aspects
A. Latin American Countries
B. Arab Countries
C. The Former Socialist Countries
D. Countries of the Far East
IV: Impact of International Instruments
A. The New York Convention 1958
B. The Model Law of UNCITRAL (1985)
V: Specific Topics
1. The Arbitration Agreement
2. Domain of Arbitration
3. Procedures Akin to Arbitration
4. Separability of the Arbitral Clause
5. The Plea of Lack of Jurisdiction
6. State or State-Controlled Enterprise as Party
7. Multiple Arbitration
8. The Arbitrators
9. The Arbitral Procedure
10. Interim Measures of Protection
11. The Award
12. Rules Applicable to the Merits
14. Means of Recourse other than Setting Aside
15. Setting Aside
A. Statutory Provisions in Model Law Countries
B. The Award on Agreed Terms
C. Conciliation Rules
VII: A Look into the Future
1. Towards a Model Law on Conciliation?
2. The New York Convention 1958
3. The Model Law of UNCITRAL
` ...Professor Sanders draws on his vast experience to provide a unique study of recent arbitration developments and trends. ...Quo Vadis is a highly readable comparative study on many levels.. '
Michael Hoellering, AAA's Dispute Resolution Journal (May-July 2000)
` This comparative study is essential reading ... This is a thoroughly personal and practical work which summarizes, in clear language, the major developments and issues for international commercial arbitration everywhere ... This book is a gem! '
Arbitration International, 15:4
` Mr. Sanders' book is extremely important. We have here, as told by one of the main actors, the story of the extraordinary development of international commercial arbitration during the 20th century. ... There is no doubt that as we progress in the new century Mr. Sanders' book will be the referenc work for understanding all that was accomplished in the previous one. '
Journal of International Arbitration, 16:4
` intéressé par tous les systèmes juridiques et ouvert à toutes les idées, [Pieter Sanders] était particulièrement bien placé pour dégager les principales tendances de l'arbitrage en droit comparé ... '
Revue de l'arbitrage, 3 (1999)
` Il n'en demeure pas moins que son ouvrage demeurera pour longtemps une source irremplaçable d'information et de comparaison des lois et règlements d'arbitrage. '
Claude Reymond, ASA Bulletin (2000)
` This book will have a place on my shelves, but more importantly on my desk, for many years to come. '
Harold Crowter, Arbitration, 66 (2000)
` Pieter Sanders has been described as the father of international arbitration. His unique book, looking back at 60 years of experience in arbitration, should find a place in the book shelves of all practitioners in this complex field. '
International Arbitration Law Review, 4 (May 2001)
` The great value of Quo Vadis Arbitration? is that Sanders lays out most of the issues that arise in arbitration, and tells the reader how different countries and institutions have addressed these issues. It is thus a fine exercise in comparative law, or rather comparative procedure, and the process of unification or, at least, harmonization. One need not agree with Sanders on every point to appreciate that he is a great man and has done more to foster arbitration around the world than almost anyone else. '
Andreas F. Lowenfeld, New York University School of Law, in American Journal of International Law, 95 (2001)
` Far more than merely predicting, as its title suggests, where arbitration is likely to go, the book provides an encyclopedic and comparative review of arbitration all around the world. Of course, Professor Sanders' treatments are invariably incisive, insightful and erudite. They exemplify his most creative contributions to a proper understanding of contemporary arbitration law. '
The American Review of International Arbitration, 11:3 (2000)