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The Scope of Arbitrability. Edition No. 1
VDM Publishing House, June 2009, Pages: 156
Through extensive data and case analyses, this book
examines the scope of the principle of arbitrability
in international commercial arbitration. Its
particular emphases is on the extent of its
applicability on commercial claims, which, though
forming part of private dispute settlement agreements
by arbitration, have usually remained excluded from
the jurisdiction of arbitration tribunals. The book
begins with a conceptual study of the principle and
its historical development, as well as the underlying
considerations generally advanced to support
limitations to arbitrability. The main areas covered
include; anti trust and competition claims,
securities claims, intellectual property claims and
bankruptcy disputes. With the aid of recent decisions
and case law by courts in the US and accross Europe
that cut accross these traditional so called 'No go'
areas for alternative dispute resolution (ADR)
institutions, the author argues that arbitrability is
a principle in crisis.
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