International Commercial Arbitration and the Commercial Agency Directive

A Perspective from Law and Economics

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, Commercial
Cover of the book International Commercial Arbitration and the Commercial Agency Directive by Jan Engelmann, Springer International Publishing
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Author: Jan Engelmann ISBN: 9783319474496
Publisher: Springer International Publishing Publication: February 7, 2017
Imprint: Springer Language: English
Author: Jan Engelmann
ISBN: 9783319474496
Publisher: Springer International Publishing
Publication: February 7, 2017
Imprint: Springer
Language: English

This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

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This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

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