| Preface |
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v | |
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vii | |
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1 | (4) |
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5 | (6) |
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7 | (4) |
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The History of the New York Convention |
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11 | (4) |
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The 1958 New York Convention Its Objectives and Its Future |
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15 | (10) |
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The Application of the New York Convention by the Courts |
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25 | (10) |
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Introduction to the Three Working Groups |
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35 | (8) |
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| WORKING GROUP I Arbitration Clauses: Achieving Effectiveness |
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Summary of Discussion in The First Working Group |
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43 | (4) |
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Arbitration Clauses: Achieving Effectiveness |
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47 | (20) |
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Article II(2) of the New York Convention and the Courts |
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67 | (15) |
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Guillermo Aguilar Alvarez |
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The Form of the Agent's Power to Sign an Arbitration Agreement and Article II(2) of the New York Convention |
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82 | (12) |
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Arbitration Agreements: Conditions Governing Their Efficacy |
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94 | (11) |
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Choosing Between Broad Clauses and Detailed Blueprints |
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105 | (9) |
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The Law Applicable to the Form and Substance of the Arbitration Clause |
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114 | (32) |
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The Law Applicable to Arbitrability |
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146 | (22) |
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The Law Applicable to the Arbitration Clause and Arbitrability |
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168 | (21) |
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The Evolving Definition of Arbitration and Arbitrability |
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189 | (8) |
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Arbitration Clauses: Achieving Effectiveness in the Law Applicable to the Arbitration Clause |
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197 | (7) |
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Article II(3) of the New York Convention and the Courts |
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204 | (13) |
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Separability and Kompetenz-Kompetenz |
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217 | (40) |
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Brazil and the New York Convention -- A Case of Adherence by Osmosis |
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257 | (4) |
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The Limits of Severability of the Arbitration Clause |
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261 | (7) |
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The Effect of the Arbitration Clause: The African Perspective |
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268 | (7) |
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| WORKING GROUP II Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process |
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Summary of Discussion in the Second Working Group |
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275 | (11) |
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Factors to Consider in Choosing an Efficient Arbitrator |
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286 | (28) |
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The Authority of a Truncated Tribunal |
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314 | (5) |
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Regulation of Truncated Tribunals by the Permanent Court of Arbitration |
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319 | (5) |
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Some Brief Observations on the Constitution of the Arbitral Tribunal |
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324 | (2) |
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The Constitution of the Arbitral Tribunal |
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326 | (5) |
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The Constitution of the Arbitral Tribunal |
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331 | (5) |
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Identifying and Applying the Law Governing the Arbitration Procedure -- The Role of the Law of the Place of Arbitration |
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336 | (30) |
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Gabrielle Kaufmann-Kohler |
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To What Extent Are Procedural Decisions of Arbitrators Subject to Court Review? |
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366 | (17) |
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The Seat of Arbitration as Place of Arbitration, and Limits to Court Intervention in Procedural Decisions |
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383 | (4) |
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Identifying and Applying the Law Governing the Arbitration Procedure |
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387 | (4) |
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Applying the Law Governing the Arbitration Procedure: Sensibly and Without Excessive Formality |
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391 | (5) |
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The Minimum Requirements of Due Process in Taking Measures Against Dilatory Tactics: Arbitral Discretion in International Commercial Arbitration -- ``A Few Plain Rules and a Few Strong Instincts'' |
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396 | (14) |
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Measures Against Dilatory Tactics: The Cooperation Between Arbitrators and the Courts |
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410 | (12) |
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The Cooperation Between Arbitrators and the Courts: Examples Drawn from the New German Law |
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422 | (2) |
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Dilatory Tactics: Arbitral Discretion |
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424 | (4) |
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The Role of the Arbitrator in Preventing Dilatory Tactics |
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428 | (5) |
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| WORKING GROUP III Arbitration Awards: Solving Problems of Enforcement |
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Summary of Discussion in The Third Working Group |
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433 | (7) |
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The Practical Application of Multilateral Conventions |
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440 | (12) |
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Experience with Bilateral Treaties |
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452 | (9) |
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Enforcement of Foreign Arbitral Awards in the People's Republic of China |
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461 | (44) |
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Enforcement of Awards Set Aside in the Country of Origin: The French Experience |
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505 | (23) |
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The Enforcement of Awards Nullified in the Country of Origin: The American Experience |
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528 | (16) |
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The Enforcement of Awards Nullified in the Country of Origin |
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544 | (4) |
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The Enforcement of Awards Nullified in the Country of Origin |
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548 | (4) |
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The Enforcement of Awards Nullified in the Country of Origin: The German Perspective |
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552 | (5) |
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Experience of Practical Problems of Enforcement |
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557 | (17) |
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Towards Minimum Standards of Enforcement: Feasibility of a Model Law |
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574 | (9) |
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Enforcement Experience in the Russian Federation |
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583 | (6) |
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Enforcement in Action: Theoretical and Practical Problems |
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589 | (4) |
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Enforcement in Action: Harmonization Versus Unification |
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593 | (80) |
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Suggestions to Improve the International Efficacy of Arbitral Awards |
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601 | (16) |
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Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 |
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617 | (1) |
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617 | (5) |
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622 | (6) |
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List of Oral Interventions |
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628 | (5) |
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633 | (32) |
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List of ICCA Officers and Members |
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665 | (8) |
| TABLES |
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673 | (48) |
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Tables of Arbitration Conventions and Other International Instruments |
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673 | (3) |
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Tables of Other Conventions |
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676 | (2) |
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678 | (8) |
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Tables of Case Law under the New York Convention |
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686 | (17) |
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703 | (12) |
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Tables of Arbitral Case Law |
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715 | (6) |
| Index |
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721 | |
Other versions by this Author
