Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage

A Comparative Analysis of the English, German and Swiss Legal Order

Authors: Synkova, Sandra

  • Provides an overview of current practice in the English, Swiss and German legal orders
  • Includes compilation and analysis of recent case law
  • Combines a theoretical and a practical viewpoint​
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eBook $119.00
price for USA (gross)
  • ISBN 978-3-319-00134-0
  • Digitally watermarked, DRM-free
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  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-3-319-00133-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
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  • ISBN 978-3-319-03311-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.

Table of contents (9 chapters)

  • Courts’ Inquiry into Arbitral Jurisdiction at the Pre-award Stage: Introduction

    Synková, Sandra

    Pages 1-17

  • Functional Equivalents for Comparison

    Synková, Sandra

    Pages 19-32

  • Theoretical Underpinnings of Arbitral Jurisdiction

    Synková, Sandra

    Pages 33-57

  • Competence–Competence

    Synková, Sandra

    Pages 59-98

  • The New York Convention and the Obligation to Recognise and Enforce Arbitration Agreements

    Synková, Sandra

    Pages 99-131

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-3-319-00134-0
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-3-319-00133-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-3-319-03311-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage
Book Subtitle
A Comparative Analysis of the English, German and Swiss Legal Order
Authors
Copyright
2013
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-00134-0
DOI
10.1007/978-3-319-00134-0
Hardcover ISBN
978-3-319-00133-3
Softcover ISBN
978-3-319-03311-2
Edition Number
1
Number of Pages
XVII, 309
Topics