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Through extensive data and case analyses, this book examines the scope of the principle of arbitrability in international commercial arbitration. Its particular emphases is on the extent of its applicability on commercial claims, which, though forming part of private dispute settlement agreements by arbitration, have usually remained excluded from the jurisdiction of arbitration tribunals. The book begins with a conceptual study of the principle and its historical development, as well as the underlying considerations generally advanced to support limitations to arbitrability. The main areas…mehr

Produktbeschreibung
Through extensive data and case analyses, this book examines the scope of the principle of arbitrability in international commercial arbitration. Its particular emphases is on the extent of its applicability on commercial claims, which, though forming part of private dispute settlement agreements by arbitration, have usually remained excluded from the jurisdiction of arbitration tribunals. The book begins with a conceptual study of the principle and its historical development, as well as the underlying considerations generally advanced to support limitations to arbitrability. The main areas covered include; anti trust and competition claims, securities claims, intellectual property claims and bankruptcy disputes. With the aid of recent decisions and case law by courts in the US and accross Europe that cut accross these traditional so called "No go" areas for alternative dispute resolution (ADR) institutions, the author argues that arbitrability is a principle in crisis.
Autorenporträt
Yuhniwo Ngenge is of Cameroonian nationality. He holds masters
degree in law from Central European University(CEU), in Budapest-
Hungary and a Certificate in Global Law from CEU and Emory
University (USA). He earned a Licence and a Maitirse en Droit
from the University of Yaounde II in Cameroon. He is currently a
jurist with International IDEA.