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International Commercial Arbitration and the Arbitrators Contract Emilia Onyema (School of Oriental and African Studies, University of London, UK)

International Commercial Arbitration and the Arbitrators Contract By Emilia Onyema (School of Oriental and African Studies, University of London, UK)

International Commercial Arbitration and the Arbitrators Contract by Emilia Onyema (School of Oriental and African Studies, University of London, UK)


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Summary

This book examines the formation, nature and effect of arbitrators contract, addressing topics including the appointment, challenge, removal and duties and rights of arbitrators. The practice of various jurisdictions is examined including the USA, England, China, Argentina and Nigeria, alongside relevant case law from the ICSID and the PCA.

International Commercial Arbitration and the Arbitrators Contract Summary

International Commercial Arbitration and the Arbitrators Contract by Emilia Onyema (School of Oriental and African Studies, University of London, UK)

This book examines the formation, nature and effect of the arbitrators contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrators contract in both ad hoc and institutional references. It also examines the institutions contract with the disputing parties and its effect on the arbitrators contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrators contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.

The primary focus of the book is an analysis of the formation of the arbitrators contract and the terms of this contract and the institutions contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.

International Commercial Arbitration and the Arbitrators Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

International Commercial Arbitration and the Arbitrators Contract Reviews

"International Commercial Arbitration and the Arbitrator's Contract provides a most useful and interesting insight into the web of contractual relationships underpinning arbitration as a dispute settlement mechanism."
"Perhaps the most admirable facet of Onyema's work is its ability to constantly draw the reader back to the fact that international commercial arbitration is a private device underpinned by private contractual relationships ... The depth of Onyema's analysis into these contractual relationships makes her text an illuminating read."
Benjamin Hayward; The Vindobona Journal of International Commercial Law and Arbitration, Vol 14, issue 2 (2010)

About Emilia Onyema (School of Oriental and African Studies, University of London, UK)

Emilia Onyema is a Lecturer in Law at the School of Oriental and African Studies, University of London, UK.

Table of Contents

Introduction 1. Arbitration Agreement 2. Juridical and Relationship Theories 3. Parties to the Arbitrators Contract 4. Formation of the Arbitrators Contract 5. Terms of the Contracts 6. Remedies 7. Termination of the Contracts

Additional information

NPB9780415631495
9780415631495
0415631491
International Commercial Arbitration and the Arbitrators Contract by Emilia Onyema (School of Oriental and African Studies, University of London, UK)
New
Paperback
Taylor & Francis Ltd
2012-05-29
280
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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