Set-Off Defences in International Commercial Arbitration - A Comparative Analysis

摘要

An arbitrator confronted with a declaration of set-off in a cross-border case would normally first ascertain whether she has jurisdiction to deal with the cross-claim. This book, Set-off Defences in International Commercial Arbitration, takes a different approach. It discusses the jurisdictional issue briefly1 and concludes that there is 'continued acceptance of the view that the question of whether a set-off should be heard will primarily depend on the parties' arbitration agreement'. In the absence of an unequivocal agreement to the contrary, the arbitrator should hear a cross-claim even if it is outside the scope of the arbitration clause.