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Fouchard, Gaillard, Goldman On International Commercial Arbitration

Emmanuel Gaillard, John Savage

ISBN13: 9789041110251

ISBN: 9041110259

Published: September 1999

Publisher: Kluwer Law International

Country of Publication: The Netherlands

Format: Hardback

Price: £468.00

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This treatise provides an analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular.

As well as exploring the application and the influence of the first modern arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.

Subjects:: Arbitration and Alternative Dispute Resolution

Contents:: Table of Abbreviations; Foreword; Introduction; Part I: Definition and Sources; I. Definition of International Commercial Arbitration; Section I. Definition of Arbitration; Section II. The Meaning of Commercial; Section III. The Meaning of International; II: Sources of International Commercial Arbitration; Section I. Public Sources; Section II. Private Sources; Part II: The Arbitration Agreement; I: The Autonomy of the Arbitration Agreement; Section I. Autonomy of the Arbitration Agreement from the Main Contract; Section II. Autonomy of the Arbitration Agreement from all National Laws; II: Formation of the Arbitration Agreement; Section I. Capacity and Power; Section II. Consent; Section III. Arbitrability; Section IV. Form and Proof; III: Effects of the Arbitration Agreement; Section I. Positive Effects of the Arbitration Agreement; Section II. Negative Effects of the Arbitration Agreement; IV: Assignment and Expiration of The Arbitration Agreement; Section I. Assignment of the Arbitration Agreement; Section II. Expiration of the Arbitration Agreement; Part III: The Arbitral Tribunal; I: The Constitution of the Arbitral Tribunal; Section I. National and International Rules; Section II. International Practice; II: The Status of the Arbitrators; Section I. Arbitrators as Judges; Section II. Arbitrators as Service Providers; Part IV: The Arbitral Procedure; I: The Law Governing the Procedure; Section I. Autonomy of the Law Governing the Arbitral Procedure; Section II. Determining the Law Governing the Arbitral Procedure; II: The Arbitral Proceedings; Section I. Commencement of the Arbitral Proceedings; Section II. Organization of the Arbitral Proceedings; Section III. Pleadings and Evidence; III: Provisional and Conservatory Measures in the Course of the Arbitration Proceedings; Section I. Jurisdiction of the Arbitral Tribunal and the Courts; Section II. Different Types of Provisional or Conservatory Measures; IV: The Arbitral Award. Section I. Concept and Classification of Arbitral Awards; Section III. Form of the Award; Section IV. Immediate Effects of the Award; Part V: The Law Applicable to the Merits of the Dispute; I: Applicable Law Chosen by the Parties; Section I. Formulation and Timing of the Parties' Choice of Law; Section II. The Subject Matter of the Parties' Choice; Section III. Limits on the Effectiveness of the Parties' Choice of Law; II: Applicable Law Chosen by the Arbitrators; Section I. The Method Used by Arbitrators in Selecting the Applicable Law; Section II. The Subject Matter of the Arbitrators' Choice; Section III. Limits on the Effectiveness of the Arbitrators' Choice; Part VI: Court Review of Arbitral Awards; I: French Law; Section I. Procedure for the Review by the Courts; Section II. The Extent of the Review by the Courts; II: International Conventions; Section I. The 1958 New York Convention; Section II. The 1961 European Convention; Annexes:; Annex I. France; Annex II: Switzerland; Annex III: UNCITRAL Model Law; Annex IV: 1958 New York Convention; Annex V: 1961 European Convention; Annex VI: 1975 Panama Convention; Annex VII: AAA International Arbitration Rules; Annex VIII: ICC Rules of Arbitration; Annex IX: LCIA Rules; Annex X: UNCITRAL Arbitration Rules; Bibliography; Table of Arbitral Awards; Table of Arbitration Rules; Table of International Instruments; Table of Judicial Decisions; Table of Legislation; Alphabetical Index