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It often seems today that no dispute is barred from resolution by
arbitration. Even the fundamental question of whether a dispute falls under
the exclusive jurisdiction of a judicial body may itself be arbitrable.
Arbitrability is thus an elusive concept; yet a systematic study of it, as
this book shows, yields innumerable guidelines and insights that are of
substantial value to arbitral practice.
Although the book takes the form of a collection of essays, it is designed as
a comprehensive commentary on practical issues that emerge from the idea of
arbitrability. Fifteen leading academics and practitioners from Europe and the
United States each explore different facets of arbitrability always with a
perspective open to international developments and comparative evaluation of
standards.
The presentation falls into two parts: in the first the focus is on the
general features of arbitrability, its rationale and the laws applicable to
it. In the second, arbitrability is specifically examined in the context of
administrative, criminal, corporate, IP, financial, commercial, and criminal
law
This book has its origins in an International Conference on Arbitrability held
at Athens in September 2005. Seven papers presented there are here reviewed
and updated, and nine others are added.
The subject of the book – arbitrability – is one that is much talked about,
but seldom if ever given the in-depth treatment presented here. Arbitrators
and other practitioners in the field will welcome the way the analysis moves
logically from theory to practice regarding every issue, and academics will
recognize a definitive treatment of arbitrability as understood and applied in
the settlement of disputes today.
Foreword. Table of Abbreviations.
Part One: Fundamental Observations
and Applicable Law. 1. Arbitrability – International and Comparative
Perspectives: Is Arbitrability a National or an International Law Issue? L.
A. Mistelis. 2. On Arbitrability: Persisting Misconceptions and New
Areas of Concern; S. L. Brekoulakis. 3. The Death of
Inarbitrability; K. Youssef. 4. The United States’ Perspective
on ‘Arbitrability’; L. Shore. 5. General Remarks on
Arbitrability under the New York Convention; D. Di Pietro. 6.
Law Applicable to Arbitrability: Revisiting the Revisited Lex Fori; S. L.
Brekoulakis. 7. On Arbitrability: The Arbitrator as a Problem
Solver; H. Pamboukis.
Part Two: Substantive Rules on Arbitrability. 8.
Liberal Rules of Arbitrability and the Autonomy of Labour Arbitration in the
United States; T.E. Carbonneau. 9. Insolvency and Arbitrability;
C. Liebscher. 10. Arbitrability and Tax; W.W. Park. 11.
Arbitration and Criminal Law: Jurisdiction, Arbitrability and Duties of the
Arbitral Tribunal; A. Mourre. 12. Competition Laws: Limits to
Arbitrators’ Authority; J.D.M. Lew QC. 13. Arbitrability
and Intellectual Property Disputes; A.P. Mantakou. 14.
Arbitrability of (Intra-) Corporate Disputes; M. del Pilar Perales
Viscasillas. 15. Arbitrability in Finance and Banking; I.
Bantekas. 16. The ‘Arbitrability’ of Disputes Arising from
Commercial Representation; S. Kröll. Table of Cases. Table of
Awards. Subject Index.