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International Commercial Arbitration Law


ISBN13: 9781780434452
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: Publication Abandoned



Arbitration Law and Procedure in Ireland offers a comprehensive guide to the area or arbitration following the Arbitration Act 2010.

Includes the following:

  • An explanation of the law, clearly setting out the principles that apply to arbitrations so readers fully understand the differences between the law and the litigation process;
  • A thorough examination of relevant case law;
  • A knowledge of international arbitration law as expressed in the UNCITRAL model.

Contents:
Chapter 1. Introduction to Arbitration:
Arbitration defined
Brief note on the history of arbitration
Distinction between national and international arbitration
Elements of an arbitration
Advantages of arbitration
Disadvantages of arbitration
Arbitration distinguished from other forms of dispute resolution
The Role of the National Court

Chapter 2. Fundamental Principles of Arbitration:
Arbitrability
Separability of the Arbitration Agreement
Competence-Competence

Chapter 3. The Arbitration Agreement:
Introduction
Form of an Arbitration Agreement
Content of an Arbitration Agreement
Parties to an Arbitration Agreement
Laws applicable to an Arbitration Agreement
Validity of the Arbitration Agreement
Confidentiality
Defective Arbitration Clauses

Chapter 4. The Arbitral Process:
Commencement of the reference
Staying Court Proceedings in favour of Arbitration
Selection, appointment of the Arbitrator/Tribunal
Conduct of the reference
Costs

Chapter 5. The Role of National Courts in the Arbitral Proceedings:
Introduction
At the Beginning of the Arbitration
During the Arbitral Proceedings
At the end of the Arbitration

Chapter 6. The Arbitration Award:
Types of Awards
Form and contents of Award
Effect of Awards – Res Judicata
Challenges to the Award
Recognition and Enforcement of Arbitral Awards
Enforcement under the New York Convention
Enforceability of the Award.