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International and Domestic Arbitration in Switzerland, 4th Edition

International and Domestic Arbitration in Switzerland, 4th Edition

作者： Bernhard Berger; Franz Kellerhals
出版商： Hart Publishing
ISBN: 9781509958993
出版时间 February 2022
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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The book provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competence-competence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland.

MO< Frequently referred to in the case law of the Swiss Federal Supreme Court, the book is an indispensable tool for legal scholars dealing in depth with a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad.

The book's appendices contain useful supplementary materials, including a detailed table of cases and an accurate translation of the arbitration provisions of the Swiss Private International Law Act and the Swiss Code of Civil Procedure.
Chapter 1 Introduction
1. Arbitration as a particular form of dispute resolutio
2. On the sources of Swiss arbitration law
3. Other forms of private dispute resolution

Chapter2 On the Authority of Arbitral Tribunals
4. Arbitrability
5. The arbitration agreement: cornerstone of the arbitral proceedings
6. Jurisdiction despite absence or invalidity of arbitration agreement
7. Competence-competence and autonomy of arbitration agreement
8. The decision on jurisdiction
9. Seat of the arbitration
10. Constitution of the arbitral tribunal
11. Challenge of arbitrators
12. Revocation and removal of arbitrators
13. Resignation of an arbitrator
14. Replacement of an arbitrator
15. Relationship between arbitrators and parties 16 Secretary and other assistance to the tribunal
17. Commencement of the arbitration
18. The proceedings before the arbitral tribunal
19. Provisional and conservatory measures
20. Taking of evidence
21. Decision on the merits
22. The arbitral award
23. Settlement and other grounds for termination
24. Costs of arbitration
25. Effects of the award
26. Setting aside of international arbitral awards
27. Setting aside of domestic arbitral awards
28. Revision of arbitral awards
29. Recognition and enforcement of arbitral awards

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