Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage A Comparative Analysis of the English, German and Swiss Legal Order /

• Main Author: Synkov,̀ Sandra. (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic
• Language: English
• Published: Heidelberg : Springer International Publishing : Imprint: Springer, 2013.
• Subjects: Law.; Civil Law.; Dispute Resolution, Mediation, Arbitration.; Private International Law, International & Foreign Law, Comparative Law.; Civil Procedure Law.; European Law.
• Online Access: https://ezaccess.library.uitm.edu.my/login?url=http://dx.doi.org/10.1007/978-3-319-00134-0

 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<U+0019> primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties<U+0019> 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.