Procedural Law in International Arbitration [Hardcover]

This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.

Introduction
I - The Area of Inquiry: International Commercial Arbitration
II - The Object of Inquiry
III - The Method and Purpose of the Inquiry
1. Theories on the Lex Arbitri
I - Introduction to the Notions
II - Seat Theories
III - Legal Localization
IV - Approaches to Delocalization
V - Concluding Remarks: Desiderata
2. Representative Municipal Laws and Suggested Model of Arbitration Regulation
I - Localization by Choice of Law: Its Shortcomings and Abandonment
II - The Basic Tenets of Modern Arbitration Law
III - The Seat as the Focal Point in International Arbitration: Its Jurisdictional Title and Functions
IV - Conclusions
3. Human Rights Law Requirements - Jurisdictional and Substantive
I - The Principal Obligations
II - Arbitration Agreements as Waivers of the Right to a Court: Formal Requirements
III - Material Requirements under Article 6(1)
IV - Are Arbitral Tribunals bound to Apply the ECHR?
V - An International Obligation to Control Arbitral Proceedings?
VI - Conclusions
4. Arbitral Practice: Conflicts and Material Rules on Procedure
I - A Survey of Arbitration Rules
II - Overview of Arbitration Practice with Particular Reference to ICC Practice
III - General Principles of Arbitral Procedure
5. Arbitrations involving a State or Analogous Entity: Their Procedural R??gime and its Relevance
I - Defining the Issues
II - The Iran-United States Tribunal
III - Foreign Investment Treaty Arbitration
IV - Ad hoc Proceedings involving States or International Orgls!