• The Formal Requirements for Arbitration Agreements. An Analysis of The New York Convention and The UNCITRAL Model Law

Publisher:
Lambert Academic Publishing
Publication date:
2010-07-05
Authors:

(Leonardo Baldissera Santos, LLM: Graduated in Law by Universidade do Sul de Santa Catarina, Florianópolis, Brazil, Masters in Business, Corporate and Maritime Law at the Erasmus Universiteit Rotterdam, The Netherlands. Lawyer in Florianópolis, Brazil.)
ISBN:
9783838373348

Description:

Increasingly, the parties to international commercial agreements are specifying arbitration as the primary means of dispute resolution. The stipulation of the arbitration has a fundamental step on the set up of the arbitration agreement, therefore, the pillar of the whole proceeding. Thus, the arbitration agreement is essential in the arbitration itself, requiring attention in the legal texts that direct the subject in a legal perspective. The subject gained importance after 2006, due to modifications on the approach of the requirements, inserted in a revision of the UNCITRAL Model Law and a new understanding in The New York Convention. This book, besides enhancing the topic of the arbitration agreement, pretends to offer an analysis of the form requirements of the agreements under the New York Convention and the UNCITRAL Model Law, for the importance of these legal texts in the arbitration system in a worldwide level. The analysis aims to highlight this important issue and should be useful for professionals dealing with international commerce legal issues such as lawyers, arbitrators, business men, international traders, and also for the research field for scholars and students.

MATERIAS: international law, International Commerce, International Agreements, international arbitration, Arbitration Agreements, Formal Requirements, The New York Convention, The UNCITRAL Model Law.