Reid, E.

Yoshida, Ikko

2016-03-15T11:22:48Z

2016-03-15T11:22:48Z

2000-07-20

This thesis examines the law on international commercial arbitration in England, Japan and Russia with a view to identify those areas for which harmonisation is of the greatest practical importance. This study is a timely one, since the Arbitration Act 1996 came into effect on 1st January 1997 in England. In Japan, the Committee of Arbitration formed by Japanese experts on arbitration prepared the Draft Text of the Law of Arbitration in 1989, and preparation for amendment based on the UNCITRAL Model Law is under way. In Russia, the Law on International Commercial Arbitration was established based on the UNCITRAL Model Law on 7th July 1993. A comparative study is made of the rules of international private law relating to arbitration, especially issues on international jurisdiction. Despite of recent development of unification of law on arbitration such as the 1958 New York Convention and the UNCITRAL Model Law, there are few rules in this area. This study goes some way towards filling this gap in the legal framework. The classification of an arbitration agreement and its influences upon international private law and law on arbitration are also considered. The issue of classification has been argued by many commentators usually to attempt to clarify the general characteristics of arbitration. However, it is the classification of an arbitration agreement that has practical significance. The classification of an arbitration agreement affects, directly or indirectly, not only the international private law but also law on arbitration. Its effects extend to the law applicable to an arbitration agreement, the law applicable to the capacity of a person to enter into an arbitration agreement, the principle of separability of an arbitration agreement, assignment of an arbitration agreement, the principle of Kompetentz-Kompetentz, and the stay of court proceedings on the basis of the existence of an arbitration agreement. Finally, this comparative study is used as a basis to put forward models for harmonisation in the interpretation of law on arbitration.

http://hdl.handle.net/1842/15757

en

The University of Edinburgh

Yoshida, Ikko. "Determination of the Seat of Arbitration under the Arbitration Act 1996." Arbitration: the Journal of the Chartered Institute of Arbitrators. Vol. 64, No. 4: pp. 292-294.

Yoshida, Ikko. "Lessons from the Atlantic Emperor: Some Influence from the Van Uden Case." Arbitration International. Vol. 15, No. 4, 1999: pp. 359-380.

United Nations Commission on International Trade Law

Arbitration (International law)

Arbitration and award

International commercial arbitration

Jurisdiction (International law)

Comparative study of international commercial arbitration in England, Japan and Russia

Thesis or Dissertation

Doctoral

PhD Doctor of Philosophy