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ENGLISH

Substantive Law In Investment Treaty Arbitration

by Monique Sasson

210,68€ + 10% CARD

 This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge.The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following:<ul><li>- If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted?</li><li>- In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?</li><li>- Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company?</li><li>- Does a contractual right exist to foreign investment ‘property’?</li><li>- Under what conditions may a violation of municipal law become internationally wrongful?</li><li>- May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes?</li><li>- Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?</li></ul>The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions.</li> The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration - and the consequences stemming from rejecting the application of municipal law when relevant - will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
ENGLISH

Evolution And Future Of International Arbitration

250,43€ + 10% CARD

 The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.The issues and topics covered include the following:<ul><li>- Evolution of case law and practice in international arbitration;</li><li>- The concept and autonomy of arbitral award;</li><li>- Parties in international arbitration;</li><li>- Parallel proceedings in international arbitration;</li><li>- Court review of arbitration awards;</li><li>- Geographic expansion of international arbitration;</li><li>- Counsel regulation and conflicts disclosures;</li><li>- The use of technology in international arbitration;</li><li>- Teaching and research in international arbitration.</li></ul>This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
ENGLISH

Finality In Litigation - The Law And Practice Of Preclusion: Res Judicata (Merger And Estoppel), Abuse Of Process And Recognition Of Foreign Judgments

by Jacob B. Van De Velden

261,03€ + 10% CARD

 Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines - traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court:<ul><li>-the court functus officio - the finality of a judgment;</li> <li>-res judicata - merger of the cause of action, cause of action estoppel, and issue estoppel;</li><li>-abuse of process - relitigation, Henderson v. Hendersonand collateral attack abuse; and</li><li>-preclusion by foreign judgments.</li></ul>In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered - how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law.A first class work which will be of considerable interest to practitioners and scholars.’<ul><li>-Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws</li></ul>Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
ENGLISH

Arbitrators As Lawmakers

by Dolores Bentolila

249,10€ + 10% CARD

 This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions:<ul><li>- What is the relationship between international arbitration and the law and courts of the seat?</li><li>- What is the role of international tribunals in assisting and controlling investment arbitration?</li><li>- What is the scope of arbitrators’ freedom in decision-making?</li><li>- What constraints limit arbitrators’ decision-making and contribute to consistency?</li><li>- Is international arbitration capable of paying deference to past arbitral decisions?</li><li>- Which rules have arbitrators created in procedural and substantive matters?</li><li>- What is the role and status of consistent arbitral decisions?</li><li>- Is there an arbitral legal system?</li></ul>The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies.This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making
ENGLISH

Arbitral Awards As Investments - Treaty Interpretation And The Dynamics Of International Investment Law

by Maximilian Clasmeier

266,33€ + 10% CARD

 The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions:<ul><li>- What is the foundation of interpretation in public international law and when is it adequately carried out?</li><li>- Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts?</li><li>- Is there a trend of convergence of commercial and investment arbitration?</li><li>- Do respective interpretative outcomes stem from adequate interpretation?</li><li>- What are the ramifications, if interpretation is not fully adequate?</li><li>- What are the feasible routes to greater interpretive discipline?</li></ul>The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law.This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities.Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.
ENGLISH

Notion Of Award In International Commercial Arbitration - A Comparative Analysis Of French Law, English Law, And The Uncitral Model Law

by Giacomo Marchisio

221,28€ + 10% CARD

 International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice.In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice - and comparing each with the UNCITRAL Model Law - the book addresses such issues as the following:<ul><li>- the ‘judicialization’ of arbitration;</li><li>- different models of arbitral adjudication and their impact on the notion of award;</li><li>- what an award needs to contain to be enforceable;</li><li>- awards on competence; </li><li>- awards by consent; and </li><li>- awards ante causam.</li></ul>The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means.As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.
ENGLISH

Decision-Making Process Of Investor-State Arbitration Tribunals

217,30€ + 10% CARD

 In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process.Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following:<ul><li>- an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal;</li><li>- the legal argumentation triptych of language rhetoric dialogue;</li><li>- the specific language arbitrators have developed when interpreting the law;</li><li>- how arbitrators use the concepts ''standards'', ''rules'', ''principles'' and ''rights'';</li><li>- the importance of the legal reasoning of arbitral awards and the role of rhetoric therein;</li><li>- concepts of ''acceptability'', ''audience'' and ''legitimacy'';</li><li>- limitations of the public international law interpretive methodology enshrined in the Vienna Convention;</li><li>- interpretation of precedents, customary law, general principles of law and policies;</li><li>- the way national and international legal orders interact in the context of interpretation; and</li><li>- how decision-making is connected to the issues of predictability, consistency and the rule of law.</li></ul>The core of the book proposes a novel, full-edged dialogical network theory for analysing the interpretation process.As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel''s arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.
ENGLISH

Attribution In International Investment Law

by Csaba Kovacs

217,30€ + 10% CARD

 The term ‘attribution’ refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements (IIAs), especially bilateral investment treaties (BITs), reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book, the first in-depth study of the uses of attribution in international investment law, provides a deeply informed analysis of the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide.The analysis responds to such questions as the following:<ul><li>- When is a conduct attributable to the State for the purposes of its responsibility under international investment law?</li><li>- What legal instruments govern the question of attribution under international investment law?</li><li>- In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty?</li><li>- How can State policymakers minimise their international law responsibility within the existing framework of attribution in international investment law?</li><li>- How can investors maximise their protection within the existing framework of attribution in international investment law?</li></ul>Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as ‘elements of governmental authority’ and ‘under the direction or control’, and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account.A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove invaluable for practitioners advising States or investors in investment disputes. More generally, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, as well as by academics in international arbitration.
ENGLISH

Arbitration And Mediation In International Business

by Gabriele Lars Kirchhof

223,93€ + 10% CARD

 This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effective, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships. The authors'' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book''s in-depth coverage includes such key considerations as the following: process, legal framework, and transaction costs of international commercial arbitrations;practical techniques to integrate mediation and arbitration in international business; conflict and negotiation theory as a conceptual basis for mediation and other alternative dispute resolution techniques; guidelines for the design of procedures for effective conflict management in international business; and statements and recommendations of numerous practitioners made during personal interviews.An abundance of illustrative graphs, tables and practical checklists enhances the presentation throughout.
ENGLISH

Insolvency Proceedings And Commercial Arbitration - Insolvency Proceedings And Commercial Arbitration

by Dr. Julian Lew e Vesna Lazic

258,38€ + 10% CARD

 Legal writing has often explored the link between arbitration and other fields of law. But the interaction between arbitration and insolvency has received little attention. This study examines this interaction through the applicable laws and provisions in England, France, Germany, the Netherlands, and the United States.As a component in the identification and scrutiny of the relationship between insolvency proceedings and commercial arbitration, this book assesses the nature and character of both types of proceedings and clarifies the applicable terminology. Questions probed include:<ul><li>• Whether the commencement of insolvency proceedings may influence other legal proceedings;</li><li>• What importance the provisions of insolvency may have for commercial arbitration, as seen from the point of view of national courts exercising their support and supervisory roles in arbitration; and</li><li>• To what extent the solutions in the legal systems covered converge or differ and why.</li></ul>The author examines a wide range of specific facets of the topic, in the contexts of both domestic and international arbitration, including arbitration agreement validity, arbitrability, public policy, the presentation of parties, and due process.
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International Effectiveness Of The Annulment Of An Arbitral Award - International Effectiveness Of The Annulment Of An Arbitral Award

by Hamid G. Gharavi

204,05€ + 10% CARD

 In international arbitration few issues have been as controversial as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. This book provides an analysis of the sources, legal and practical grounds, and possible solutions to this problem.
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Forces Of Economic Globalization - Challanges To The Regime Of International Commercial Arbitration

by Katherine Lynch

316,68€ + 10% CARD

 Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. This book examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. The book seeks to analyze the inner penetration of a form of world polity or transnational order - comprised of 0 part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles, and transnational ideology - on the traditional notion of state sovereignty within the international arbitral regime.
ENGLISH

Healthy Award - Challenge In International Commercial Arbitration

by Christoph Liebscher

397,50€ + 10% CARD

 The main focus of the book is on the challenge of an award in the municipal courts. After describing the public policy issues under Community law and article 6 of the European Human Rights Convention, it then compares the situation under five jurisdictions: Austria, England, France, Germany, and Switzerland. The book also covers the minimum requirements for an award, its correction, interpretation, and amendment and, finally, some enforcement issues.Additional features of this work include a comprehensive overview of the impact of Community law on the autonomy of arbitration; the setting out in detail of the relevant Strasbourg case law on article 6 of the EHRC; and proposals for further developments of arbitration law to improve its efficiency.As well as presenting a straightforward comparison of five major arbitration venues in Europe to facilitate the choice of the seat of arbitration, the book also gives assistance in the drafting of arbitration clauses, sets out clearly the framework for arbitration procedures, and provides comprehensive references to source materials and numerous examples for counsels and courts in proceedings concerning the challenge and enforcement of awards.This book will be of interest to arbitrators, corporate counsels, attorneys and other international lawyers, as well as to researchers and students of dispute resolution.
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Corruption In International Trade And Commercial Arbitration

by Abdulhay Sayed

340,53€ + 10% CARD

 Entirely revising and updating his doctoral dissertation for the University of Geneva in 2001, Sayed describes how corruption in international trade is judged in arbitration, and explains why there is no uniformity in the arbitral practice concerning corruption. For practicing lawyers, arbitrators,
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Online Dispute Resolution - Challenges For Contemporary Justice

by Gabrielle Kaufmann-Kohler e Thomas Schultz

316,68€ + 10% CARD

 In a world governed by speed, the Internet plays a growing role in many of today''s innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book provides a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by stakeholders. Taking their analysis a step further, the authors also address this new field''s most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics:<ul><li>- the different methods of ODR;</li><li>- fields of use;</li><li>- ways to bring parties to online dispute resolution;</li><li>- validity and effects of clauses entered into online that provide for online mediation or arbitration;</li><li>- issues surrounding electronic communications and evidence in arbitration; and</li><li>- enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms.</li></ul>This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics.Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
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Towards A Science Of International Arbitration: Collected Empirical Research - Collected Empirical Research

247,78€ + 10% CARD

 Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time.Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings:<ul><li>- why parties agree to arbitrate;</li><li>- arbitration clauses;</li><li>- arbitral procedures;</li><li>- arbitrator selection;</li><li>- rules of decision and applicable law; and</li><li>- arbitration awards.</li></ul>Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
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Provisional Measures In International Commercial Arbitration

by Ali Yesilirmak

247,78€ + 10% CARD

 Due to the nature of the arbitration process, provisional measures - especially interim protection of rights - tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute.This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following:<ul><li>- scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice;</li><li>- the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisionai measures;</li><li>- choice of forum to seek provisional measures and the problems associated with such choice;</li><li>- complementary mechanisms to arbitration for interim protection of rights;</li><li>- standards on principles and procedures for the grant of provisional measures; and</li><li>- a comprehensive review of the arbitrators'' power to grant provisional measures and court assistance to arbitration.</li></ul>The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before.This new and fully researched book fulfils an important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It will be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.
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Pervasive Problems In International Arbitration

234,53€ + 10% CARD

 International arbitration perhaps crosses more practical and theoretical boundaries than any other area of law. A practitioner must approach the field prepared to deal with aspects of national, international and conflicts laws, public and private law, and substantive and procedural law. Crucial issues involve policy matters as well as the layers of national and international regulation of the arbitral process. There are also special considerations to be taken into account in the presence of state parties and of third parties.In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference—and this book derived from it—illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985.These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include:<ul><li>• public policy;</li><li>• mandatory rules;</li><li>• confidentiality;</li><li>• provisional measures;</li><li>• res judicata;</li><li>• costs;</li><li>• amicus briefs;</li><li>• groups of companies;</li><li>• parallel proceedings; and</li><li>• anti-suit injunctions.</li></ul>Contributors focus on topics and countries with which they have particular expertise or experience. Both international commercial and international investment arbitration are covered.This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution.
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Arbitration Insights - Twenty Years Of The Annual Lecture Of The School Of International Arbitration

261,03€ + 10% CARD

 Since its establishment in 1986, the annual "Freshfields Arbitration Lecture" (as it has come to be known) has given both practitioners and academics a unique and extraordinary opportunity to explore new insights and frontiers in the theory and practice of international arbitration. Hosted by the School of International Arbitration, Queen Mary University of London, each lecture provides an eminent figure in international arbitration a platform on which to investigate problems of interest on aspects and trends in the field.Bringing together all the published (and some unpublished) lectures in this important series, this valuable book confirms the interaction between theory and practice that the School has pursued since its inauguration, and provides in addition a remarkable testament of the School’s policy of ensuring a comparative and international approach to international arbitration research and study.Twenty-one leading academics and practitioners explore the issues of States and state enterprises in arbitration, including the following topics:<ul><li>• international investment arbitration;</li><li>• national regulation of arbitration with particular focus on the English Arbitration Act, the UNCITRAL Model Law, and Latin America; </li><li>• arbitration proceedings (including the problem of delays and control of the arbitral process); </li><li>• availability of remedies (Farnsworth 1990); </li><li>• efficiency of arbitration process; and</li><li>• the impact of rules of law and national law on arbitration tribunals and the arbitration process. </li></ul>The book also includes substantial coverage of such fundamental and more recent themes as default procedural rules, autonomy of the arbitration process, regulation of arbitration in national laws, validity of arbitral awards, and dissenting opinions. Several of the lectures have been augmented with updates and endnotes, and an in-depth introduction supplies a welcome overview.With contributions by some of today’s leading academics and practitioners in the field, this book will be of great interest to arbitration lawyers, international lawyers, and business people, as well as to academics, law libraries, and students of dispute resolution.
ENGLISH

Substantive Law In Investment Treaty Arbitration

by Monique Sasson

210,68€ + 10% CARD

 This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge.The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following:<ul><li>- If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted?</li><li>- In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?</li><li>- Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company?</li><li>- Does a contractual right exist to foreign investment ‘property’?</li><li>- Under what conditions may a violation of municipal law become internationally wrongful?</li><li>- May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes?</li><li>- Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?</li></ul>The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions.</li> The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration - and the consequences stemming from rejecting the application of municipal law when relevant - will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
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Functions Of Arbitral Institutions

by Remy Gerbay

250,43€ + 10% CARD

 While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process.This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions.This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany).This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.
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Evolution And Future Of International Arbitration

250,43€ + 10% CARD

 The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.The issues and topics covered include the following:<ul><li>- Evolution of case law and practice in international arbitration;</li><li>- The concept and autonomy of arbitral award;</li><li>- Parties in international arbitration;</li><li>- Parallel proceedings in international arbitration;</li><li>- Court review of arbitration awards;</li><li>- Geographic expansion of international arbitration;</li><li>- Counsel regulation and conflicts disclosures;</li><li>- The use of technology in international arbitration;</li><li>- Teaching and research in international arbitration.</li></ul>This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
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Finality In Litigation - The Law And Practice Of Preclusion: Res Judicata (Merger And Estoppel), Abuse Of Process And Recognition Of Foreign Judgments

by Jacob B. Van De Velden

261,03€ + 10% CARD

 Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines - traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court:<ul><li>-the court functus officio - the finality of a judgment;</li> <li>-res judicata - merger of the cause of action, cause of action estoppel, and issue estoppel;</li><li>-abuse of process - relitigation, Henderson v. Hendersonand collateral attack abuse; and</li><li>-preclusion by foreign judgments.</li></ul>In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered - how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law.A first class work which will be of considerable interest to practitioners and scholars.’<ul><li>-Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws</li></ul>Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
ENGLISH

Arbitrators As Lawmakers

by Dolores Bentolila

249,10€ + 10% CARD

 This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions:<ul><li>- What is the relationship between international arbitration and the law and courts of the seat?</li><li>- What is the role of international tribunals in assisting and controlling investment arbitration?</li><li>- What is the scope of arbitrators’ freedom in decision-making?</li><li>- What constraints limit arbitrators’ decision-making and contribute to consistency?</li><li>- Is international arbitration capable of paying deference to past arbitral decisions?</li><li>- Which rules have arbitrators created in procedural and substantive matters?</li><li>- What is the role and status of consistent arbitral decisions?</li><li>- Is there an arbitral legal system?</li></ul>The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies.This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making
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