International Arbitration: Law and Practice in Switzerland

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Auteur

Gabrielle Kaufmann-Kohler is a professor at the University of Geneva, where she teaches international arbitration. She is also the Director of the Geneva LL.M. in International Dispute Settlement (MIDS) and a Co-Director of the Center for International Dispute Settlement (CIDS), both joint projects of the Graduate Institute of International and Development Studies and the University of Geneva. Professor Kaufmann-Kohler is a founding partner of Lévy Kaufmann-Kohler, where she practices international commercial and investment arbitration. She regularly ranks among the world's top ten international arbitrators. She has authored, co-authored, edited, and contributed to numerous works on international arbitration. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel and is a partner at Lévy Kaufmann-Kohler, where he heads the sports arbitration practice. He regularly acts as counsel before the Court of Arbitration for Sport (CAS) and the Swiss Supreme Court, and frequently sits as an arbitrator in commercial arbitrations. Professor Rigozzi has published widely on international arbitration and sports law, being in particular the author of a well-known treatise on international sports arbitration (L'arbitrage international en matière de sport, Basel, 2005) and co-author of the first article-by-article commentary of the CAS Code (Sports Arbitration under the CAS Rules, in Arroyo, M. (Ed.), Arbitration in Switzerland A Practitioners Guide, Alphen aan den Rijn, 2013).

Contenu

Introduction; 1 The Concept and Sources of Arbitration; 2 The Law Governing Arbitration; 3 The Arbitration Agreement; 4 The Arbitral Tribunal; 5 The Arbitral Tribunal's Jurisdiction; 6 The Proceedings Before the Arbitral Tribunal; 7 The Law Applicable to the Merits of the Award; 8 The Challenge, Recognition, and Enforcement of Arbitral Awards; Bibliography