Full Description
The previous editions of this book have established themselves among the leading authorities on Swiss arbitration law. This fully revised and amended third edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland. The book provides a comprehensive analysis of all relevant aspects of international and domestic arbitration in Switzerland, addressing all major issues, including the concept and sources of arbitration, arbitrability, the arbitration agreement, competence-competence and the autonomy of the arbitration agreement, the arbitral tribunal, the arbitral procedure, the arbitral award, setting aside proceedings against the award and the enforcement of arbitral awards, including the recognition and enforcement of foreign arbitral awards. Frequently referred to by the Swiss Federal Supreme Court in its case law, the book is an indispensable tool for legal scholars conducting an in-depth analysis of a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad. The book's appendices contain useful additional materials, including a detailed table of cases and a most accurate translation of the provisions on arbitration of the Swiss Code of Civil Procedure and the Swiss Statute on Private International Law.
Contents
Chapter 1 Introduction1 Arbitration as a particular form of dispute resolution2 On the sources of Swiss arbitration law 3 Other forms of private dispute resolutionChapter2 On the Authority of Arbitral Tribunals 4 Arbitrability5 The arbitration agreement: cornerstone of the arbitral proceedings 6 Jurisdiction despite absence or invalidity of arbitration agreement7 Competence-competence and autonomy of arbitration agreement8 The decision on jurisdiction 9 Seat of the arbitration10 Constitution of the arbitral tribunal 11 Challenge of arbitrators12 Revocation and removal of arbitrators 13 Resignation of an arbitrator14 Replacement of an arbitrator 15 Relationship between arbitrators and parties16 Secretary and other assistance to the tribunal17 Commencement of the arbitration18 The proceedings before the arbitral tribunal19 Provisional and conservatory measures20 Taking of evidence21 Decision on the merits22 The arbitral award 23 Settlement and other grounds for termination 24 Costs of arbitration25 Effects of the award 26 Setting aside of international arbitral awards 27 Setting aside of domestic arbitral awards28 Revision of arbitral awards 29 Recognition and enforcement of arbitral awards
