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Set-off Defences in International Commercial Arbitration : A Comparative Analysis - Christiana Fountoulakis

Set-off Defences in International Commercial Arbitration

A Comparative Analysis

Hardcover

Published: 30th March 2011
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This book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance, and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and final part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that may offer significant help in the adjudication of commercial disputes. This will be an invaluable reference for arbitration and commercial practitioners.

Regardless of whether one agrees or disagrees with this finding and the underlying reasoning, the author first of all deserves credit for suggesting a well argued uniform set-off rule for international arbitration. ...the book will certainly serve as a thorough and reliable overview of certain jurisdictions as regards their approach to set-off and as a practical guide for arbitration practitioners to finding and supporting legal arguments to establish the best applicable set-off rule in a cross-border context. The author's clear diction and ability to take the reader by the hand makes Set-off Defences in International Commercial Arbitration an accessible and seizable topic on only 228 pages. Dr. Philipp K. Wagner Schieds VZ 2012, Heft 2

Introduction
Key Aspects of Set-off
Definition
Significance and Functions of Set-off
Significance of Set-off in Modern Business Life
Modern Problems with Set-off
Terminology
Set-off in a Comparative Survey
Incipiencies: Roman Law
Set-off in the Romanic Legal Systems
Set-off in the Germanic Legal Systems
Set-off in England and English-based Jurisdictions
Comparative Analysis
Set-off in the Conflict of Laws 1
Determination of the Applicable Law in International Arbitration
Law-determination for Set-off in Classic Conflict of Laws
Criteria for a Suitable Rule to Determine the Law Applicable to a Set-off in International Arbitration
Discussion of Classic Choice-of-Law Rules With Regard to Set-off
Other Choice-of-Law Solutions in International Arbitration
Summary
Conclusions
Final Summary
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781849460323
ISBN-10: 1849460329
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 284
Published: 30th March 2011
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.2
Weight (kg): 0.59
Edition Number: 1