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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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International Commercial Arbitration in Spain


ISBN13: 9789041187833
To be Published: November 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £172.00



International Commercial Arbitration in Spain focuses on the Spanish legal framework (Arbitration Act 2003) and the international conventions. Although this book will be of inestimable value to comparative law and arbitration specialists, it provides useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. As far as Spain is a Member State of the European Union, the influence of some European regulations and the jurisprudence of the Court of Justice are carefully studied. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration.

What’s in this book: Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following:

  • criteria to determine internationality
  • formal validity and effects of arbitration agreements
  • communications, service and computation of time limits
  • arbitrability
  • appointment, selection and removal of arbitrators
  • cases in which an arbitrator may be held liable
  • when an arbitrator may grant interim measures
  • pleading and evidence of foreign law
  • effect of insolvency
  • limitation of judicial intervention and court jurisdiction
  • judicial proceeding to set aside an arbitral award, and
  • recognition and enforcement of arbitral awards

      How this will help you: As a detailed and exhaustive study of all the relevant areas of international commercial arbitration, this book is an up-to-date, indispensable tool for all professionals working in the world of international arbitration. This book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.

Subjects:
European Jurisdictions, Spain, Arbitration and Alternative Dispute Resolution
Contents:
CHAPTER 1
The Importance of Arbitration in International Trade: The Spanish Perspective
CHAPTER 2
General Theory of International Commercial Arbitration: Territorial and Transnational Conceptions
CHAPTER 3
The Sources of International Commercial Arbitration
CHAPTER 4
The International Character of Arbitration
CHAPTER 5
The Arbitrability of Matters in International Arbitration
CHAPTER 6
Communications, Service and Computation of Time Limits
CHAPTER 7
Limitation of Judicial Intervention and Court Jurisdiction for Intervention in Providing Support and Control over Arbitration
CHAPTER 8
The Arbitration Agreement
CHAPTER 9
The Arbitrators
CHAPTER 10
Arbitration Procedure
CHAPTER 11
The Arbitral Award
CHAPTER 12
Judicial Review in International Commercial Arbitration
Annex: Act 60/2003 of 23 December on Arbitration
Bibliography
Index