Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage A
International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the
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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage A Comparative Analysis of the English, German and Swiss Legal Order
Courts’ Inquiry into Arbitral Jurisdiction at the Pre-Award Stage
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Sandra Synkova´
Courts’ Inquiry into Arbitral Jurisdiction at the Pre-Award Stage A Comparative Analysis of the English, German and Swiss Legal Order
Sandra Synkova´ Department of Law Aarhus University Aarhus C Denmark
ISBN 978-3-319-00133-3 ISBN 978-3-319-00134-0 (eBook) DOI 10.1007/978-3-319-00134-0 Springer Cham Heidelberg New York Dodrecht London Library of Congress Control Number: 2013940258 © Springer International Publishing Switzerland 2013 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
This monograph is a revised version of the dissertation I submitted for Ph.D. in August 2012 at the Department of Law at Aarhus University in Denmark. International arbitration is a field where different legal traditions and practices meet and are reconciled. The following study largely reflects this feature of international arbitration. The “meeting and reconciliation” feature not only found its expression in the process of selecting the research method and legal orders for comparison for the study but also formed an inherent part of
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