Download e-book for kindle: Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award by Sandra Synková
By Sandra Synková
International arbitration has turn into the popular approach to resolving disputes among enterprise companions in virtually each point of foreign alternate, trade, and funding. The answer of a dispute by way of foreign arbitration presents the events with a chance to unravel their disputes in a personal, private, rate and time effective demeanour prior to a impartial tribunal in their selection. even though, demanding situations to arbitral jurisdiction became a typical perform within the box. answer of such demanding situations may well considerably hold up the answer of the events’ fundamental major dispute, elevate total dispute solution bills or even whittle down some great benefits of the events’ cut price to arbitrate. for this reason, adopting a formal method of the answer of such disputes turns into the most important to the efficacy of foreign arbitration as a process of dispute answer. the current ebook presents a comparative research of the perform of 3 rigorously chosen criminal orders: the English, German and Swiss and descriptions attainable methods ahead. because the paintings moves a stability among conception and perform, it is going to entice practitioners, researchers, but in addition scholars seeking to increase their figuring out of the foreign arbitration field.
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Additional info for Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order
3 The Time Limit for Objecting to the Court’s Jurisdiction The time limit for presenting an objection to the court’s jurisdiction is of a crucial importance for the determination of whether the right to arbitrate has been waived. The consequence of not adhering to the time limit is that the court will proceed to consider the substance of the dispute and, generally, render a decision which will become binding upon the parties. Even though the arbitral tribunal may not be bound by the court’s decision, it is, in principle, obliged to consider, upon an objection by one of the parties, whether the right to arbitrate has been waived.
4 Sources and Materials: Methodological Problems Inherent in the Study of Foreign Law A comparative study of foreign law produces a number of challenges. One of the great pitfalls of any such study is the propensity to observe foreign laws through the looking glass of one’s own legal system. e. neither of them is the author’s own legal system. Yet, this, whether real or merely illusory,61 objectivity necessarily comes at the price of greater difficulties encountered in obtaining current, accurate and reliable information on the compared legal orders.
13 Perritt (1999). 14 Ibid. 18 The arbitrators’ authority is, at least to some extent, based on a different source than the authority of a national judge: an agreement between the parties. e. they are not permanent bodies)21 and as regards subject matter (they are only empowered to determine issues expressly assigned to them), they are clearly not holders of “jurisdiction” in the same sense as are sovereign States or their institutions. Although as will be discussed below,22 arbitrators are also authorised by some legal order to exercise powers similar to the ones of a national judge, it is nonetheless difficult to accept that arbitrators exercise jurisdiction over the parties and their dispute in the traditional sense outlined above.
Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order by Sandra Synková