The main focus of the book is on the challenge of an award in the municipal courts. After describing the public policy issues under Community law as well as under article 6 European Human Rights Convention the book compares the situation under five jurisdictions: Austria, England, France, Germany, and Switzerland. The book also covers the minimum requirements for an award, its correction, interpretation and amendment and, finally, some enforcement issues.
The Healthy Award - Challenge in International Commercial Arbitration provides a comprehensive view of the impact of Community law on the autonomy of arbitration. It sets forth in detail the jurisprudence of the Strasbourg instances on article 6 EHRC which can be relevant in arbitration and compares the legal situations in five major arbitration jurisdictions in Europe. Also efficiency improvements are proposed to further developments of arbitration law.
This publication allows an easy comparison of five major arbitration venues in Europe to facilitate the choice of the seat of arbitration and assists in the drafting of arbitration clauses. It provides orientation to counsels and arbitrators with regard to arbitration procedures and supplies comprehensive references to source materials and numerous examples for counsels and courts in proceedings concerning the challenge of awards.
This book will be of interest to corporate counsel and international lawyers, as well as to researches and students of dispute resolution.
Preface
Abbreviations
Chapter I Introduction
Scope and Approach
Notion of arbitration
Types of arbitration
Domestic arbitration statutes
Multilateral Treaties
UNCITRAL Model Law
Chapter II European Law
Arbitration and EC Law
Arbitration and EHRC
Chapter III Notion of Award
Austria
England
France
Germany
Switzerland
Conclusions
Chapter IV Correction/Interpretation/Amendment
Austria
England
France
Germany
Switzerland
Conclusions
Chapter V Grounds for Challenge
Introduction
Lack of an arbitration agreement