Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
Page : 2862 pages
File Size : 15,84 MB
Release : 2018-08-06
Category : Law
ISBN : 9041192743
Arbitration in Switzerland
Author : Tobias Zuberbühler,
Publisher : Juris Publishing, Inc.
Page : 592 pages
File Size : 10,89 MB
Release : 2013-08-01
Category : Law
ISBN : 1937518175
***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.
Author : Elliott Geisinger
Publisher :
Page : 446 pages
File Size : 26,94 MB
Release : 2013-01-01
Category : Law
ISBN : 9789041138484
A convenient, neutral location, with a long-standing tradition of arbitration, arbitrationfriendly legislation, arbitration-supportive courts, and an exemplary infrastructure for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration.
Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
Page : 732 pages
File Size : 21,91 MB
Release : 2015-10-22
Category : Law
ISBN : 0191669199
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author : Gabrielle Kaufmann-Kohler
Publisher :
Page : 294 pages
File Size : 43,1 MB
Release : 2004
Category : Arbitration and award
ISBN : 9783725547975
For the arbitration process to achieve its purpose, there must be an interplay between arbitral tribunal and court. The purpose of this paper is to set forth in which manner this interplay is organized under Swiss law.
Author : Paolo Michele Patocchi
Publisher : Juris Publishing, Inc.
Page : 1604 pages
File Size : 30,2 MB
Release : 2012-04-01
Category : Law
ISBN : 1937518043
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
Author : Paolo Michele Patocchi
Publisher : Juris Publishing, Inc.
Page : 632 pages
File Size : 31,5 MB
Release : 2012-06-01
Category : Law
ISBN : 1937518086
The Swiss International Sports Arbitration Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court in setting aside proceedings against awards made by Court of Arbitration for Sport (CAS) panels, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented parallel to the original text of each decision, and is preceded by a head note and a summary of the decision for the reader in a hurry. The importance of the CAS based in Lausanne is well known to all practitioners engaged in sports law and arbitration. It was once famously described as the "Supreme Court of World Sports." Whether a CAS panel decides in ordinary arbitration proceedings or in an appeal brought against the decision of a federation, association or sports related body, the Swiss Federal Supreme Court in Lausanne has the last word where the dissatisfied party challenges the CAS panel’s decision in court proceedings.This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration. This publication will be of great use to arbitrators, parties, lawyers involved in sports arbitration as well as commentators who will benefit from access to case law in one key jurisdiction for international sports arbitration.
Author : Philippe Fouchard
Publisher : Kluwer Law International B.V.
Page : 1320 pages
File Size : 35,29 MB
Release : 1999-09-02
Category : Law
ISBN : 9041110259
Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
Author : Pierre Tercier
Publisher : Juris Publishing, Inc.
Page : 425 pages
File Size : 19,95 MB
Release : 2012-01-01
Category : International commercial arbitration
ISBN : 1933833904
The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.
Author : Simon Vorburger
Publisher : Kluwer Law International
Page : 328 pages
File Size : 43,34 MB
Release : 2014
Category : Law
ISBN : 9789041154194
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
