1 An Overview of International Arbitration

Subject(s):

Arbitrability — Applicable law — Arbitrators — Arbitral rules

This chapter gives an ‘overview’ of the law and practice of international arbitration. It begins with the parties’ agreement to arbitrate, and the laws and treaties that provide for enforcement of such agreements both nationally and internationally. It looks at the complications that arise when more than two parties to the dispute are involved, and at the contemporary problems of joinder of parties and consolidation of arbitrations. The chapter then considers whether to choose ad hoc or institutional arbitration, how to establish an arbitral tribunal, challenges to arbitrators, and the powers and duties of arbitrators. It also gives an overview of the key issues that are dealt with in the following chapters, including the conduct of an arbitration, challenges to arbitral awards, and the recognition and enforcement of such awards.