Arbitrating under the 2012 ICC Rules —— An Introductory User's Guide

----- 2012年国际商会规则的仲裁：使用者介绍指南

ISBN: 9789041138170 出版年：2012 页码：378 Kluwer Law International

The distinct advantages of international commercial arbitration (including ICC arbitration) for companies, States, or individuals seeking to resolve international disputes are well known. Among these advantages is the possibility for lawyers (and others) from many different jurisdictions to participate in the process. However, some lawyers have unfortunately succeeded in creating a mystique about international arbitration that tends to discourage parties who could otherwise benefit greatly from the arbitral process. Here at last is an enormously useful book with the avowed aim of doing away with this mystique, so that non-specialist lawyers (whether in-house or outside counsel) and others have a clear understanding of ICC arbitration and how to make it work for their clients.Focusing on the 2012 ICC Rules - which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply - this book serves the needs of the following parties:- those who want a full introduction to the topic of ICC arbitration;- those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules;- those who need to take a decision on whether to opt for ICC arbitration;- those who have opted for ICC arbitration and need to draft an ICC arbitration clause; and- those who are actually faced with the prospect of an ICC arbitration.As far as possible, the book is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration. Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement. Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the book's practical value.