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Keywords: international commercial arbitration
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Chapter
Published: 01 April 2011
...This chapter explains the importance of proper law in arbitration, especially in ensuring a speedy resolution of the dispute. It first considers the importance of proper law from three aspects: the advantages of international commercial arbitration, the expectations of the parties, and the validity...
Chapter
Published: 01 April 2011
... points. It then discusses the laws that had governed the country's international commercial arbitration before turning to the Scottish Arbitration Code 1999 and the Arbitration (Scotland) Bills of 2002 and 2009. It also examines the Arbitration (Scotland) Act 2010, designed to offer a ‘one-stop shop...
Chapter
Published: 01 April 2011
.... Finally, it discusses the International Law Association's report which surveyed the sources of confidentiality and covered the UNCITRAL Model Law, thirty national jurisdictions and twenty-two international commercial arbitration institutions. arbitrators confidential information confidentiality duty...
Chapter
Published: 01 April 2011
... the seat of arbitration, default rules, mandatory rules, and the debate over delocalisation theory concerning the seat of arbitration in international commercial arbitration. It also considers jurisdictions where delocalisation theory has received support, such as France, Switzerland and Belgium. party...
Book
Published online: 17 September 2015
Published in print: 01 April 2011
... in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration...
Chapter
Published: 01 April 2011
...This chapter provides an overview of the nature of arbitration agreements. An arbitration agreement between the parties is regarded as a contract which expressly states the parties' wish to have their disputes resolved by means of international commercial arbitration. This kind of contract...
Chapter
Published: 01 April 2011
... and nationally, with particular emphasis on the theory of the freedom of contract and its effect on the mechanism of international commercial arbitration, along with party autonomy in national laws. The next section analyses the exceptions to the principle of party autonomy, namely: mandatory rules and public...