The Collection of ICC Arbitral Awards 1991-1995 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements two previous and successful volumes containing awards from the periods 1974-1985 and 1986-1990. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: For the first time, a consolidated analytical table, In both English and French, contains extensive cross-references based on the terminology used in awards and case notes A chronological index lists the awards and contains references to legal literature A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, And The law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts And The resolution of international commercial disputes.
The Collection of Procedural Decisions in ICC Arbitration 1993-1996 contains the procedural decisions rendered by ICC arbitrators, published in a single volume for the first time. In addition to providing procedural decisions in their original language, this book includes commentaries on the decisions, key words in both English and French, and explanatory notes of interest in English. Two useful indexes guide the reader to points of specific interest. The analytical index, provided in both English and French, is based on terminology used in decisions and case notes, while the table of cross-referenced cases provides citations to the Journal du Droit International. A bibliography and tables containing the judicial and arbitral authorities cited provide useful reference information. The collection also includes the ICC and UNCITRAL Arbitration Rules, as well as the IBA Rules on Evidence, providing the reader with the full range of materials regarding the conduct of international arbitration. This collection is an indispensable reference work for anyone seeking to be informed about the conduct of international arbitration. Invaluable for all international arbitration practitioners, this book offers the reader solutions to pitfalls in arbitration proceedings by the most talented international arbitrators.
The ICC Rules of Arbitration ('the Rules') constitute one of the world's oldest and most widely used sets of rules for international commercial disputes. on January 1, 1998, new rules took effect which represent the first major reform of the Rules in two decades. Both authors had an intimate involvement in the preparation of the new Rules--Mr. Derains, as chairman of the working party that prepared them, and Mr. Schwartz as Secretary General of the ICC Court during their preparation (Mr. Derains has also served in this position). In the Guide, they draw on their knowledge of ICC Court practice and of issues that commonly arise in connection with the application and interpretation of the Rules. The result: a unique, practical reference for anyone dealing with or expecting to deal with the new ICC Rules.
Law by Jean-Jacques Arnaldez,Yves Derains,Dominique Hascher
The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: - A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; - A chronological index lists the awards - A key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily In addition to providing a wealth of information in a highly accessible manner, this book includes case notes and expert commentaries of the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.
To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested and‘stakeholdersand’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla and– denoting such tactics as ambushes, sabotage, and intimidation and– to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of contributions by a wide spread of seasoned arbitration practitioners and– the driving forces in their field and– as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerrilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanismand’s envisioned mode of operation. They offer eminently practical, and‘hands-onand’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and and– most importantly and– the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; influence of international institutions; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.
This in-depth study explores the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed include: the basis for the right to claim damages . definition and purpose of damages . the idea of limiting damages . principles underlying the award of damages . classification of losses and heads of recoverable losses . causation . foreseeability . mitigation . standards of proving losses . methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages, as well as on the body of cases and scholarly writings on the international instruments. In doing so, it provides a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. There is no book on the market that deals, in such detail, with damages in the international context. It will be of interest to practitioners involved in international commercial transactions, and scholars and students interested in international commercial and comparative contract law.
The United Nations Juridical Yearbook, contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators' duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Law by Robert C. Beckman,Tore Henriksen,Christine Dalaker Kraabel,Erik J. Molenaar,J. Ashley Roach
Balancing Rights and Interests of Arctic States and User States
Author: Robert C. Beckman,Tore Henriksen,Christine Dalaker Kraabel,Erik J. Molenaar,J. Ashley Roach
Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms.
In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation whilst part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides serviceable solutions. The book presents the keyfeatures of the doctrine of res judicata in the laws of England, the United States, France, and Switzerland, i.e. major representatives of the common law system on the one hand and the civil law system on the other hand.The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
The second edition of this uniquely wide-ranging work once again grapples with the dynamic and complex fields of law which make up the modern law of international commerce, finance and trade. As a guide for students and practitioners it is unrivaled.
Class, Mass and Collective Arbitration in National and International Law is the first book to discuss various types of large-scale arbitration, where multiple individuals (ranging from several dozen to hundreds of thousands of persons) bring their claims at a single time, in a single arbitral proceeding.
International Commercial Arbitration Third Edition is an authoritative treatise providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. This completely revised and expanded edition of Gary Born's authoritative work is divided into three main parts, dealing with the International Arbitration Agreement, International Arbitral Procedures and International Arbitral Awards. The Third Edition provides a systematic framework for both current analysis and future developments, as well as exhaustive citations from all leading legal systems. INTERNATIONAL ARBITRATION AGREEMENTS Legal Framework for International Arbitration Agreements International Arbitration Agreements and the Separability Presumption Choice-of-Law Governing International Arbitration Agreements Formation, Validity and Legality of International Arbitration Agreements International Arbitration Agreements and Competence-Competence Effects and Enforcement of International Arbitration Agreements Interpretation of International Arbitration Agreements INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS Legal Framework for International Arbitral Proceedings Selection, Challenge and Replacement of Arbitrators in International Arbitration Rights and Duties of International Arbitrators Selection of Arbitral Seat in International Arbitration Procedures in International Arbitration Disclosure and Discovery in International Arbitration Provisional Measures in International Arbitration Consolidation, Joinder and Intervention in International Arbitration Choice of Substantive Law in International Arbitration Confidentiality in International Arbitration Legal Representation and Professional Conduct in International Arbitration INTERNATIONAL ARBITRAL AWARDS Legal Framework for International Arbitral Awards Form and Content of International Arbitral Awards Correction, Interpretation and Supplementation of International Arbitral Awards Annulment of International Arbitral Awards Recognition and Enforcement of International Arbitral Awards Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards
Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.
Author: Tibor Varady,John Barcelo III,Stefan Kroll
Publisher: West Academic Publishing
This innovative casebook on International Commercial Arbitration approaches the subject as uniquely transnational law. Authored by three leading arbitration experts coming from different legal backgrounds who have taught worldwide, It covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world. This thoroughly updated 6th edition (which adds for the first time, Stefan Kröll, as a co-author) includes the new 2014 AAA International Rules, the new 2014 LCIA Arbitration Rules, the revised 2015 Chinese CIETAC Rules, the 2015 ICC Experts Rules, the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, the 2013 IBA Guidelines on Party Representation in International Arbitration. It also adds discussion of new arbitration acts, such as the 2014 Dutch Code of Civil Procedure and the 2013 Belgian Judicial Code, and important new decisions of the highest courts in the U.S., the U.K., India, Switzerland, Singapore and other countries. New or expanded sections concern jurisdiction-admissibility distinctions, choice of law issues, negative effect of Kompetenz-Kompetenz, multi-tier clauses, enforcing annulled awards, production of documents, confidentiality, challenges, fees and costs, and other emerging issues.