By Sandra Synková
International arbitration has develop into the well-liked approach to resolving disputes among enterprise companions in nearly each element of overseas exchange, trade, and funding. The answer of a dispute by way of foreign arbitration offers the events with a chance to solve their disputes in a personal, private, price and time effective demeanour earlier than a impartial tribunal in their selection. in spite of the fact that, demanding situations to arbitral jurisdiction became a typical perform within the box. answer of such demanding situations might considerably hold up the solution of the events’ basic noticeable dispute, bring up total dispute solution bills or even whittle down the advantages of the events’ discount to arbitrate. for that reason, adopting a formal method of the answer of such disputes turns into the most important to the efficacy of foreign arbitration as a process of dispute answer. the current publication offers a comparative research of the perform of 3 rigorously chosen felony orders: the English, German and Swiss and descriptions attainable methods ahead. because the paintings moves a stability among conception and perform, it's going to attract practitioners, researchers, but additionally scholars seeking to strengthen their figuring out of the overseas arbitration field.
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Extra info for Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order
Dalloz, Paris De Cruz P (1999) Comparative law in a changing world, 2nd edn. Cavendish , London Dimolitsa A (1999) Separability and Kompetenz-Kompetenz. In: van den Berg AJ (ed) Improving the efficiency of arbitration agreements and awards: 40 years of application of the New York Convention (ICCA Congress Series No. 9). Kluwer Law International, The Hague, p 217 Elliot C, Quinn F (2008) English legal system, 9th edn. Pearson Education Limited, Harlow Elsing SH, Townsend JM (2002) Bridging the common law civil law divide in arbitration.
See infra at Sect. 4 et seq. 1 Scope of application Arbitration Applies only if the International Domestic Commercial other than seat of arbitration is arbitration arbitration arbitration commercial in the country ✓ ✓a ✓ ✓ û England (section 9 of the Arbitration Act) Switzerland ✓ ✓ ✓ ✓ û (Article 7 PILA ) Germany (} 1032 ✓ ✓ ✓ ✓ û ZPO) The 1585 ✓d ✓e ✓b ûc û New York Convention (Article II(3)) The 1985 ✓ ✓ û û û UNCITRAL Model Law (Article 8(1)) a As noted above, section 86 of the Arbitration Act 1996 has not been brought into force b For a discussion of the scope of applicability of the Convention with respect to arbitration agreements see infra at Sect.
22 The relevant provision is contained in section 9 of the Act (Stay of legal proceedings). It states: (1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter. (2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.
Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order by Sandra Synková