The Notion of Award in International Commercial Arbitration
A Comparative Analysis of French Law, English Law, and the UNCITRAL Model Law
By: Giacomo Marchisio
About This Book
About the author: Giacomo Marchisio is Academic Coordinator of the Private Justice and the Rule of Law Research Group at McGill University, Canada and holds a Doctorate in Civil Law (DCL) and an LL.M. in Comparative Law from the same university. He is a member of the International Chamber of Commerce (ICC) Task Force on Emergency Arbitration, of ICC Canada, and Young Canadian Arbitration Practitioners (YCAP). About this book: The Notion of Award in International Commercial Arbitration aims to provide a comprehensive explanation of the notion of arbitral award in international commercial arbitration. International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. As courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent and the recent development known as 'emergency arbitration'. In this timely and groundbreaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. What's in this book: In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice, - and comparing each with the UNCITRAL Model Law - this book addresses such issues as the following: * the 'judicialization' of arbitration; * different models of arbitral adjudication and their impact on the notion of award; * what an award needs to contain to be enforceab≤ * awards on competence; * awards by consent; and * awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the ICC) are examined closely for their implications on what an award means. How this will help you: Having a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning and evolution of contemporary international commercial arbitration. This book clarifies the status of controversial decisions, such as jurisdictional decisions, consent awards, and emergency orders. As an assessment to help readers determine which arbitral decisions should be qualified as awards, this book is sure to become an international reference for arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.
AI Overview
"The Notion of Award in International Commercial Arbitration" by Giacomo Marchisio is a comprehensive book that delves into the concept and legal framework surrounding awards in international commercial arbitration. Here is a detailed overview of the book:
Key Themes
- Concept of Award: The book explores the notion of an award in international commercial arbitration, examining its definition, characteristics, and implications under various legal systems, including French law, English law, and the UNCITRAL Model Law.
- Comparative Analysis: Marchisio conducts a comparative analysis of different legal frameworks, highlighting the similarities and differences in how awards are defined and treated in these jurisdictions.
- UNCITRAL Model Law: The book places significant emphasis on the UNCITRAL Model Law, which is widely adopted in international commercial arbitration. It discusses how this model law influences the notion of an award and its enforcement.
- Party Autonomy: The author also discusses the role of party autonomy in shaping the award process, emphasizing how parties can influence the outcome through their choices and agreements.
Plot Summary
The book is structured to provide a thorough understanding of the concept of an award in international commercial arbitration. It begins by defining what constitutes an award and then delves into the legal frameworks that govern it. The comparative analysis chapter is a central part of the book, where Marchisio examines how different legal systems approach the notion of an award. The book also discusses procedural reforms and their impact on the legitimacy of awards, highlighting the importance of party autonomy in ensuring that the arbitration process remains legitimate and effective.
Critical Reception
- Academic Praise: The book has been praised by academics for its detailed and methodical approach to the subject. It is recognized for providing a comprehensive framework for understanding the concept of an award in international commercial arbitration.
- Professional Use: The book is considered a valuable resource for practitioners in the field of international commercial arbitration, offering insights into the legal principles and practices surrounding awards.
- Publication Details: The book was published by Kluwer Law International in 2017, which is a reputable publisher in the field of international arbitration.
Additional Context
Giacomo Marchisio is a well-known author in the field of international arbitration, and his work has been widely recognized for its scholarly rigor and practical relevance. His contributions to the Kluwer Arbitration Blog and other publications further underscore his expertise in the field.
In summary, "The Notion of Award in International Commercial Arbitration" by Giacomo Marchisio is a seminal work that provides a detailed and comparative analysis of the concept of an award in international commercial arbitration. It is highly regarded for its academic rigor and practical insights, making it a valuable resource for both scholars and practitioners in the field.