International Arbitration: Law and Practice in Switzerland

by Gabrielle Kaufmann-Kohler, Antonio Rigozzi

Overview

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Product Details

ISBN-13:	9780191669194
Publisher:	OUP Oxford
Publication date:	10/22/2015
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Gabrielle Kaufmann-Kohler, Partner, Levy Kaufmann-Kohler and Professor of International Arbitration, University of Geneva, Antonio Rigozzi, Partner, Levy Kaufmann-Kohler, Professor of International Arbitration, Neuchatel University Law School

Gabrielle Kaufmann-Kohler is a professor at the University of Geneva, where she teaches international arbitration and heads the Department of Private International Law. She is also the Director of the LL.M. in International Dispute Settlement (MIDS), a joint programme of the Graduate Institute of International and Development Studies and the University of Geneva. Professor Kaufmann-Kohler is a founding partner of Levy Kaufmann-Kohler and regularly ranks in the world's top ten international arbitrators. She is joint General Editor of OUP's Journal of International Dispute Settlement and on the Advisory Board of the Yearbook on International Investment Law and Policy, ed. Karl P. Sauvant, (OUP). She has authored, co-authored and contributed to numerous works on international arbitration.

Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel and is a partner at Levy Kaufmann-Kohler, where he heads the sports arbitration practice. He regularly acts as counsel before the Court of Arbitration for Sport (CAS) and the Swiss Supreme Court, and frequently sits as an arbitrator in commercial arbitrations. The author of a well-known treatise on international sports arbitration (L'arbitrage international en matiere de sport, Basel, 2005), Professor Rigozzi is a leading specialist in this field.

Table of Contents

Introduction
1. The Concept and Sources of Arbitration
2. The Law Governing Arbitration
3. The Arbitration Agreement
4. The Arbitral Tribunal
5. The Arbitral Tribunal's Jurisdiction
6. The Proceedings Before the Arbitral Tribunal
7. The Law Applicable to the Merits of the Award
8. The Challenge, Recognition, and Enforcement of Arbitral Awards
Bibliography