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Title
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Arbitration related lessons: Insights from the supreme courts around the world
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Author
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Abstract
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| This article explores the insights into arbitration from the Supreme Courts around the world. It analyses the recurrent arbitration-related issues arising in the Supreme Courts’ practice in fifteen jurisdictions from Europe, the Americas, Africa and Asia as reported in the contributions published in a special issue of b-Arbitra 2019/2 marking the 50th anniversary of the CEPANI. More specifically, the article investigates perspectives of the Supreme Courts on the issues of the agreement to arbitrate, impecuniosity, competence- competence, court intervention during arbitration, and court control of procedural fairness and public policy post-award. Further to the investigation, the article concludes that while a broad consensus exists among most jurisdictions on basic characteristics of the legal regime for arbitration, the approach to particular aspects of many arbitration-related issues examined in this article remains mostly jurisdiction-specific. |
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Language
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English
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Source (journal)
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b-Arbitra : Belgisch tijdschrift voor arbitrage / CEPANI [Brussels]; CEPINA [Brussel] - Brussel, 2013 - 2017
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Publication
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Brussel
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Bruylant
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2020
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ISSN
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2295-6107
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Volume/pages
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2
(2020)
, p. 307-355
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Full text (open access)
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Full text (publisher's version - intranet only)
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