Arbitrability

Fundamentals and Major Approaches

By: Fabien Gélinas, Leyla Bahmany

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eText | 17 November 2023

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As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction's pertinent case law and legislative framework as well as relevant commentary.

For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed:

antitrust/competition;
bankruptcy/insolvency;
consumer;
corporate;
family/domestic relations;
intellectual property (copyright, patent, and trademark);
labor/employment;
securities; and
torts.

Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields.

With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.