Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 21 April 2019

Pre-Arbitration Procedural Requirements

Pre-Arbitration Procedural Requirements

‘A Dismal Swamp’

Chapter:
(p.227) 14 Pre-Arbitration Procedural Requirements
Source:
Practising Virtue
Author(s):

Gary Born

Marija Šćekić

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0015

This chapter analyses pre-arbitration procedural requirements in international arbitration agreements and investment treaties. Topics discussed include the validity and effects of pre-arbitration procedural requirements; characterization of pre-arbitration procedural requirements—‘admissibility’, ‘jurisdictional’, or ‘procedural’; effects of non-compliance with pre-arbitration procedural requirements; and choice-of-law issues applicable to pre-arbitration procedural requirements. Although designed to enhance the efficiency of the arbitral process, pre-arbitration requirements often produce new disputes of their own, with material and undesirable consequences for the arbitral process. The better view would be to treat requirements to negotiate or conciliate as non-mandatory and aspirational; mandatory pre-arbitration requirements should only be seen as affecting the admissibility of claims, rather than constituting bars to arbitral jurisdiction.

Keywords:   pre-arbitration procedural requirements, international arbitration agreements, investment treaties, compliance, non-compliance

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .