Full Description
This is a co-publication with Stampfli Publishers. The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The SAA Series is published on a yearly basis. The Swiss Arbitration Academy is a private institution founded and managed by the editors. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants, who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.
Contents
INTERNATIONAL COMMERCIAL ARBITRATION IN SWITZERLAND AND FEDERAL LITIGATION IN NEW YORK:KEY DISTINCTIONS; I. Introduction; II. Distinction One: Extent to Which the Parties Can Shape the Proceedings; III. Distinction Two: Extent to Which Pre-Trial Discovery is Permitted; IV. Distinction Three: The Extent to Which a Final Decision is Really "Final"; V. Conclusion: Know What You Are Signing Up For; AUTHORITY OF PARA-REGULATORY TEXTS IN INTERNATIONAL ARBITRATION; I. Introduction; II. Definition and Scope of Application of PRTs; III. Authority of Non-Agreed PRTs; IV. Effects of the Authority of PRTs; V. Summary and Conclusion; IURA NOVIT ARBITER - A SWISS PERSPECTIVE; I. Introduction; II. The Principle Iura Novit Curia and Arbiter, Respectively; III. Establishment of the Law by the Adjudicative Authority - An International Overview; IV. Iura Novit Curia and Due Process; V. Duty of the Arbitral Tribunal to Establish "Foreign" Law: Mandatory Rules of Law; VI. Iura Novit Curia and Ne Ultra Petita; VII. Synthesis and Conclusion; IS THE PARTIES' CONSENT STILL AN OVERRIDING PRINCIPLE FOR JOINDER AND INTERVENTION OF THIRD PARTIES IN INTERNATIONAL COMMERCIAL ARBITRATION?; I. Introduction; II. Terminology. "Third Parties", "Joinder", "Intervention", "Consolidation" and "Amici Curiae"'; III. The Parties' Consent to Joinder and Intervention; IV. The Assessment of the Scope of the Arbitration Agreement as a Basis for Joinder and Intervention of Third Parties to the Proceedings; V. Conclusion
