简明国际商事仲裁法律与实践英文教程
¥36.00定价
作者: 石现明,吕涛
出版时间:2016-07
出版社:法律出版社
- 法律出版社
- 9787511895417
- 82640
- 2016-07
- D997.4
内容简介
《简明国际商事仲裁法律与实践英文教程(21世纪法学系列教材)/双语系列》作者石现明、吕涛长期从事国际商事仲裁的研究和双语教学,为适应法学教育国际化,满足各校法学专业开展双语教学之需要,在总结多年教学实践经验基础上潜心编撰了本教材。教材涵盖了国际商事仲裁各个阶段和各个方面的基本法律制度,内容全面详实。全书分绪论、仲裁协议、仲裁员和仲裁庭、仲裁程序、仲裁裁决、对仲裁裁决的异议、外国仲裁裁决的承认与执行七章,结构简明,逻辑清晰。行文结构均先归纳总结国际社会的一般做法与实践,再比较分析中国的相关立法及与国际立法通例之差异,寓繁于简,风格独特。
本书既可作为本科生和研究生学习国际商事仲裁课程的双语教材,亦可供研究人员作为国际商事仲裁相关领域的参考书籍。
本书既可作为本科生和研究生学习国际商事仲裁课程的双语教材,亦可供研究人员作为国际商事仲裁相关领域的参考书籍。
目录
Chapter Ⅰ An Overview of International Commercial Arbitration
Section 1 Arbitration in General
finition and features of arbitration
gal nature of arbitration
pes of arbitration
Section 2 International Commercial Arbitration and the Merits
finition of international commercial arbitration
rits of international commercial arbitration
Section 3 Sources of international Commercial Arbitration Law
tional arbitration laws
ernational arbitration conventions
bitration rules
urces of arbitration law in China
Section 4 International Commercial Arbitration Institutions
ading arbitration institutions in foreign jurisdictions
reignrelated arbitration institutions in China
Chapter Ⅱ Arbitration Agreement in International Commercial Arbitration
Section 1 Arbitration Agreement in General
e importance of arbitration agreement
finition of arbitration agreement
pes of arbitration agreement
bjects of arbitration agreement
jects of arbitration agreement
Section 2 Form and Contents of Arbitration Agreement
rm of arbitration agreement
ntents of arbitration agreement
rm and contents of arbitration agreement in China
Section 3 Validity of International Arbitration Agreement and the Applicable Law
lidity of international arbitration agreement
plicable law of international arbitration agreement
fective arbitration agreement
Section 4 Effects,Enforcement and Termination of Arbitration Agreement
fects of arbitration agreement
forcement of arbitration agreement
rmination of arbitration agreement
Section 5 Autonomy of Arbitration Agreement
e principle of autonomy of arbitration agreement
e principle of competencecompetence
Chapter Ⅲ Arbitrator and Arbitral Tribunal in International Commercial Arbitration
Section 1 Arbitrator in General
atus of arbitrator
alifications of arbitrator
dependence and impartiality of arbitrator
Section 2 Appointment of Arbitrator and Constitution of Arbitral Tribunal
mber of arbitrators
lection and appointment of arbitrator
Section 3 Challenging and Replacing Arbitrator
allenging arbitrator
placing arbitrator
Section 4 Powers,Rights,Duties and Liabilities of Arbitrator
wers of arbitrator
ghts of arbitrator
ties of arbitrator
abilities of arbitrator
Chapter Ⅳ Procedures of International Commercial Arbitration
Section 1 Procedural Rules of International Commercial Arbitration
minishing roles of the law of the arbitral seat
termination of procedural rules in international commercial arbitration
termination of procedural rules in China
Section 2 Procedural Steps of International Commercial Arbitration
mencement of the arbitral proceedings
nstitution of the arbitral tribunal
itten submissions
aring
liberation of the arbitral tribunal
osing and termination of the arbitral proceedings
king and publication of award
cedural steps of arbitration in China
Section 3 Evidence in International Commercial Arbitration
1. The parties’ autonomy and the arbitral tribunal’s discretion to determine rules of evidence
tegories of evidence
urces of evidence
scovery of evidence
mission of evidence
identiary rules in arbitration in China
Section 4 Provisional Measure in International Commercial Arbitration
finition and objectives of provisional measure
pes of provisional measure
erequisites for ordering provisional measure
thorities to order provisional measure
forcement of provisional measure ordered by the arbitral tribunal
visional measure in arbitration in China
Section 5 Other Procedural Issues in International Commercial Arbitration
at of arbitration
nsolidation and Joinder
faulting proceedings
nguage of arbitration
esentation in arbitration
Chapter Ⅴ Arbitral Award of International Commercial Arbitration
Section 1 Arbitral Award in General
finition of arbitral award
pes of arbitral award
rm and Contents of arbitral award
Section 2 The Law Applicable to the Substance of the Dispute
urces of substantive law
termination of substantive law
Section 3 Rules of Making International Commercial Arbitral Award
me limit for making arbitral award
chanism of making arbitral award
tification and deposit of arbitral award
Section 4 Effects of International Commercial Arbitral Award
rmination of the arbitrators’ jurisdiction
s Judicata of the award
forceability of the award
Chapter Ⅵ Challenge to Award in International Commercial Arbitration
Section 1 General Introduction
aning and purpose of challenge
nditions of challenge
ace of challenge
me limit of challenge
clusion and waiver of the right to challenge
Section 2 Grounds for Challenging International Arbitral Award
ounds under the Model Law
ounds wider than those under the Model Law
ounds narrower than those under the Model Law
Section 3 Means,Remedies and Consequences of Challenging Arbitral Award
ans of challenge
medies and legal consequences
Section 4Challenging ForeignRelated Arbitral Award in China
e statutory provisions on challenge of foreignrelated arbitral award
e problems of the regimes of challenging foreignrelated arbitral award
Chapter Ⅶ Recognition and Enforcement of Foreign Arbitral Award
Section 1 General Introduction
aning of foreign award
ference between recognition and enforcement
erequisites for recognition and enforcement
cedures and methods of recognition and enforcement
Section 2 Conventions on Recognition and Enforcement of Foreign Award
e New York Convention
her conventions
Section 3 Refusing Recognition and Enforcement of Foreign Award
ounds to refuse recognition and enforcement
iver and preclusion of the defenses to recognition and enforcement
nsequence of refusal of recognition and enforcement
Section 4 Recognition and Enforcement of Foreign Award in China
e legal framework for enforcement of foreign award
e legal rules on enforcement of foreign award
cognition and enforcement in the Mainland of award made in Hong Kong,Macao and Taiwan
Index
Acknowledgements
Section 1 Arbitration in General
finition and features of arbitration
gal nature of arbitration
pes of arbitration
Section 2 International Commercial Arbitration and the Merits
finition of international commercial arbitration
rits of international commercial arbitration
Section 3 Sources of international Commercial Arbitration Law
tional arbitration laws
ernational arbitration conventions
bitration rules
urces of arbitration law in China
Section 4 International Commercial Arbitration Institutions
ading arbitration institutions in foreign jurisdictions
reignrelated arbitration institutions in China
Chapter Ⅱ Arbitration Agreement in International Commercial Arbitration
Section 1 Arbitration Agreement in General
e importance of arbitration agreement
finition of arbitration agreement
pes of arbitration agreement
bjects of arbitration agreement
jects of arbitration agreement
Section 2 Form and Contents of Arbitration Agreement
rm of arbitration agreement
ntents of arbitration agreement
rm and contents of arbitration agreement in China
Section 3 Validity of International Arbitration Agreement and the Applicable Law
lidity of international arbitration agreement
plicable law of international arbitration agreement
fective arbitration agreement
Section 4 Effects,Enforcement and Termination of Arbitration Agreement
fects of arbitration agreement
forcement of arbitration agreement
rmination of arbitration agreement
Section 5 Autonomy of Arbitration Agreement
e principle of autonomy of arbitration agreement
e principle of competencecompetence
Chapter Ⅲ Arbitrator and Arbitral Tribunal in International Commercial Arbitration
Section 1 Arbitrator in General
atus of arbitrator
alifications of arbitrator
dependence and impartiality of arbitrator
Section 2 Appointment of Arbitrator and Constitution of Arbitral Tribunal
mber of arbitrators
lection and appointment of arbitrator
Section 3 Challenging and Replacing Arbitrator
allenging arbitrator
placing arbitrator
Section 4 Powers,Rights,Duties and Liabilities of Arbitrator
wers of arbitrator
ghts of arbitrator
ties of arbitrator
abilities of arbitrator
Chapter Ⅳ Procedures of International Commercial Arbitration
Section 1 Procedural Rules of International Commercial Arbitration
minishing roles of the law of the arbitral seat
termination of procedural rules in international commercial arbitration
termination of procedural rules in China
Section 2 Procedural Steps of International Commercial Arbitration
mencement of the arbitral proceedings
nstitution of the arbitral tribunal
itten submissions
aring
liberation of the arbitral tribunal
osing and termination of the arbitral proceedings
king and publication of award
cedural steps of arbitration in China
Section 3 Evidence in International Commercial Arbitration
1. The parties’ autonomy and the arbitral tribunal’s discretion to determine rules of evidence
tegories of evidence
urces of evidence
scovery of evidence
mission of evidence
identiary rules in arbitration in China
Section 4 Provisional Measure in International Commercial Arbitration
finition and objectives of provisional measure
pes of provisional measure
erequisites for ordering provisional measure
thorities to order provisional measure
forcement of provisional measure ordered by the arbitral tribunal
visional measure in arbitration in China
Section 5 Other Procedural Issues in International Commercial Arbitration
at of arbitration
nsolidation and Joinder
faulting proceedings
nguage of arbitration
esentation in arbitration
Chapter Ⅴ Arbitral Award of International Commercial Arbitration
Section 1 Arbitral Award in General
finition of arbitral award
pes of arbitral award
rm and Contents of arbitral award
Section 2 The Law Applicable to the Substance of the Dispute
urces of substantive law
termination of substantive law
Section 3 Rules of Making International Commercial Arbitral Award
me limit for making arbitral award
chanism of making arbitral award
tification and deposit of arbitral award
Section 4 Effects of International Commercial Arbitral Award
rmination of the arbitrators’ jurisdiction
s Judicata of the award
forceability of the award
Chapter Ⅵ Challenge to Award in International Commercial Arbitration
Section 1 General Introduction
aning and purpose of challenge
nditions of challenge
ace of challenge
me limit of challenge
clusion and waiver of the right to challenge
Section 2 Grounds for Challenging International Arbitral Award
ounds under the Model Law
ounds wider than those under the Model Law
ounds narrower than those under the Model Law
Section 3 Means,Remedies and Consequences of Challenging Arbitral Award
ans of challenge
medies and legal consequences
Section 4Challenging ForeignRelated Arbitral Award in China
e statutory provisions on challenge of foreignrelated arbitral award
e problems of the regimes of challenging foreignrelated arbitral award
Chapter Ⅶ Recognition and Enforcement of Foreign Arbitral Award
Section 1 General Introduction
aning of foreign award
ference between recognition and enforcement
erequisites for recognition and enforcement
cedures and methods of recognition and enforcement
Section 2 Conventions on Recognition and Enforcement of Foreign Award
e New York Convention
her conventions
Section 3 Refusing Recognition and Enforcement of Foreign Award
ounds to refuse recognition and enforcement
iver and preclusion of the defenses to recognition and enforcement
nsequence of refusal of recognition and enforcement
Section 4 Recognition and Enforcement of Foreign Award in China
e legal framework for enforcement of foreign award
e legal rules on enforcement of foreign award
cognition and enforcement in the Mainland of award made in Hong Kong,Macao and Taiwan
Index
Acknowledgements