Choice of Venue in International Arbitration
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By: Michael Ostrove, Claudia Salomon, Bette Shifman
The first comparative book exploring the relative merits of arbitral seats worldwide, this work is both a tool for strategic choice of venue, and a companion for practitioners in unfamiliar jurisdictions. Expert analysis of the history and development of arbitration is coupled with guidance on the practical realities of all major venues.
AI Overview
The book "Choice of Venue in International Arbitration" is a comprehensive guide edited by Michael Ostrove, Claudia Salomon, and Bette Shifman. Here is a detailed overview of the book:
Key Themes
Importance of Venue:
- The book emphasizes the critical role of the venue in international arbitration. The venue, or the seat of the arbitration, significantly impacts the role of local courts, the conduct of the arbitration, and the enforceability of the award.
Comparative Analysis:
- The book offers a comparative analysis of the relative challenges arising at different venues. This includes examining the local laws and regulations of various jurisdictions to understand how they influence arbitration proceedings.
Legal Considerations:
- It delves into the legal considerations parties must take into account when selecting a venue. This includes the authority of local courts and the extent of their intervention in an arbitration, which can vary significantly across jurisdictions.
Practical Insights:
- The book provides practical insights for parties involved in international arbitration. It advises on when to focus on selecting a venue, typically at the contract drafting stage, and how to specify the venue in the dispute resolution clause.
Plot Summary
The book does not have a traditional plot but rather a structured analysis of the key issues related to the choice of venue in international arbitration. It is divided into chapters that explore various aspects of venue selection, including:
- Legal Framework: A detailed examination of the legal frameworks governing arbitration in different jurisdictions.
- Practical Considerations: Practical advice on how parties can navigate the complexities of venue selection.
- Case Studies: Real-world examples of how different venues have impacted arbitration proceedings.
- Comparative Analysis: A comparative study of various jurisdictions to highlight the differences in their approaches to arbitration.
Critical Reception
The book has received positive reviews from the legal community for its comprehensive and insightful analysis of the complex issues surrounding venue selection in international arbitration. Claudia Salomon, one of the co-editors, is a prominent figure in the field of international arbitration, and her contributions to the book have been particularly well-received.
Reception by Legal Professionals
Claudia Salomon, in an interview, highlighted the importance of carefully selecting a venue. She noted that parties should focus on the selection of venue at the contract drafting stage and specify the venue for the arbitration in the dispute resolution clause. This approach can help in commencing the arbitration smoothly and ensure that local courts of the selected venue assist the parties in various stages of the arbitration process.
Overall, "Choice of Venue in International Arbitration" is a valuable resource for legal professionals, arbitrators, and businesses involved in international arbitration. It provides a thorough understanding of the critical role of venue selection and offers practical guidance to navigate the complexities of international arbitration.