The Enforceability and the Choice-of-Law Implications of Arbitration Agreements (E-book)

DOI: https://doi.org/10.21862/ELTEJKT67

A Comprehensive Review Focused on Hungarian Law

What are the foundations of international commercial arbitration? What is the legal nature of the arbitration agreement? What are the different aspects of enforceability of the arbitration agreement? What is included in the notions of substantive and formal validity of the arbitration agreement, subjective arbitrability of the parties and objective arbitrability of the dispute, and what is not included? The present book offers an in-depth look into all these fundamental questions relating to the arbitration agreement with one single goal: to find the most appropiate laws governing the four selected aspects of enforceability of the arbitration agreement and to identify the most decisive factors in determining the most appropriate choice-of-law rules for the four aspects of enforceability, based on the old (pre-2018) and the new (2018) choice-of-law regime of Hungarian law. The result is not merely a scientific contribution but also a handbook for practitioners.