The Principles and Practice of International Commercial Arbitration Book Summary - The Principles and Practice of International Commercial Arbitration Book explained in key points

The Principles and Practice of International Commercial Arbitration summary

Margaret L. Moses

Brief summary

The Principles and Practice of International Commercial Arbitration by Margaret L. Moses provides a comprehensive guide to the fundamental principles and practical aspects of international commercial arbitration, making it an essential resource for practitioners and students alike.

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    The Principles and Practice of International Commercial Arbitration
    Summary of key ideas

    Understanding the Basics of International Commercial Arbitration

    In The Principles and Practice of International Commercial Arbitration by Margaret L. Moses, we delve into the world of international commercial arbitration. The book begins by explaining the fundamental principles of arbitration, such as party autonomy, confidentiality, and the finality of arbitral awards. It also explores the differences between arbitration and litigation, highlighting the flexibility, neutrality, and enforceability of arbitral awards.

    Moses then delves into the process of initiating arbitration, from drafting arbitration clauses in contracts to commencing arbitral proceedings. She emphasizes the importance of a well-drafted arbitration clause, which should clearly outline the seat, language, and governing law of the arbitration, as well as the number of arbitrators and the method of their appointment.

    Conducting International Commercial Arbitration

    The book then moves on to the conduct of arbitral proceedings. Moses discusses the role of the arbitral tribunal, the powers of arbitrators, and the procedural rules that govern the arbitration process. She explains the importance of maintaining procedural fairness and equality of treatment among the parties, and the need for efficient case management to avoid unnecessary delays and costs.

    Moreover, Moses explores the evidence-gathering process in arbitration, including the submission of witness statements, expert reports, and documentary evidence. She also discusses the role of the arbitral tribunal in managing the presentation of evidence and the examination of witnesses, highlighting the tribunal's authority to determine the admissibility and relevance of evidence.

    Challenges and Enforcement in International Commercial Arbitration

    The book then addresses the challenges that may arise during the arbitration process, such as jurisdictional disputes, interim measures, and the setting aside of arbitral awards. Moses explains the mechanisms for resolving these challenges, including the tribunal's power to rule on its own jurisdiction, the availability of interim measures from national courts, and the grounds for challenging or enforcing arbitral awards.

    Furthermore, Moses delves into the enforcement of arbitral awards, emphasizing the importance of the New York Convention in facilitating the recognition and enforcement of awards in over 160 countries. She also discusses the limited grounds for refusing enforcement and the pro-enforcement bias that underpins the New York Convention.

    Special Topics in International Commercial Arbitration

    In the latter part of the book, Moses explores several special topics in international commercial arbitration. She discusses the role of national courts in supporting the arbitral process, including the courts' power to grant interim measures and assist in the taking of evidence.

    Moreover, Moses addresses the increasing use of arbitration in specific sectors, such as investment arbitration, construction disputes, and intellectual property disputes. She highlights the unique features and challenges associated with arbitration in these specialized areas, including the protection of investors' rights, the complexity of construction disputes, and the need for expertise in intellectual property matters.

    Conclusion: Navigating the World of International Commercial Arbitration

    In conclusion, The Principles and Practice of International Commercial Arbitration provides a comprehensive overview of the principles, practices, and challenges of international commercial arbitration. Moses' insightful analysis and practical guidance make this book an invaluable resource for practitioners, academics, and students seeking to navigate the complex world of international dispute resolution.

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    What is The Principles and Practice of International Commercial Arbitration about?

    The Principles and Practice of International Commercial Arbitration by Margaret L. Moses provides a comprehensive guide to the theory and application of international commercial arbitration. It covers key principles, legal frameworks, and practical considerations, offering valuable insights for both practitioners and students in the field.

    The Principles and Practice of International Commercial Arbitration Review

    The Principles and Practice of International Commercial Arbitration (2017) is an essential read for anyone interested in understanding and navigating the complex world of international commercial arbitration. Here are three reasons why this book stands out:

    • With its comprehensive coverage of both the principles and practice of international commercial arbitration, it serves as a valuable reference guide for practitioners and scholars alike.
    • The book's clear and concise explanations of key concepts and procedures make it accessible and understandable, even for readers with limited legal knowledge.
    • Real-world case studies and examples help bring the subject matter to life, demonstrating how arbitration is applied in various industries and situations.

    Who should read The Principles and Practice of International Commercial Arbitration?

    • Lawyers specializing in international commercial arbitration
    • Legal professionals seeking to enhance their understanding of arbitration
    • Business executives involved in international transactions and disputes

    About the Author

    Margaret L. Moses is a renowned expert in the field of international commercial arbitration. With over 30 years of experience, she has not only authored several books on the subject but has also served as a professor at Loyola University Chicago School of Law. Moses' book, "The Principles and Practice of International Commercial Arbitration," is widely recognized as a comprehensive guide for both practitioners and students. Her work provides in-depth analysis and practical insights into the complex world of international arbitration.

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    The Principles and Practice of International Commercial Arbitration FAQs 

    What is the main message of The Principles and Practice of International Commercial Arbitration?

    Master the fundamentals of international commercial arbitration.

    How long does it take to read The Principles and Practice of International Commercial Arbitration?

    The reading time for The Principles and Practice of International Commercial Arbitration varies depending on the reader's speed. The Blinkist summary can be read in a matter of minutes.

    Is The Principles and Practice of International Commercial Arbitration a good book? Is it worth reading?

    The Principles and Practice of International Commercial Arbitration is worth reading for its comprehensive insights into the field.

    Who is the author of The Principles and Practice of International Commercial Arbitration?

    The author of The Principles and Practice of International Commercial Arbitration is Margaret L. Moses.

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