Contemporary Problems in International Arbitration

ISBN-13: 9780898389265 / Angielski / Miękka / 1987 / 380 str.

Julian Lew; Julian D. M. Lew

Opis

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

Spis treści

1 The School of International Arbitration.- 1 The birth of the School of International Arbitration.- 2 The School of International Arbitration: aspirations and objects.- 3 International arbitration — teaching and research.- 2 The jurisdiction and authority of arbitrators.- 4 ICSID arbitration.- 5 States in the international arbitral process.- 6 The sources and limits of the arbitrator’s powers.- 7 Determination of arbitrators’ jurisdiction and the public policy limitations on that jurisdiction.- 8 The sources and limits of the arbitrator’s powers in England.- 9 The law applicable to the merits of the dispute.- 10 The applicable law: general principles of law — the lex mercatoria.- 11 The law governing the agreement and procedure in international arbitration in England.- 3 International arbitration procedure.- 12 The extent of independence of international arbitration from the law of the situs.- 13 The role of national law and the national courts in England.- 14 The role of the courts under the UNCITRAL model law script.- 15 Supplementary rules governing the presentation and reception of evidence in international commercial arbitration.- 16 Judicial assistance for the arbitrator.- 17 The supervisory and adjunctive jurisdiction of American courts in arbitration cases.- 18 The conduct of ICC arbitration proceedings.- 19 The conduct of arbitration proceedings under English law.- 20 Finality of arbitral awards and judicial review.- 4 International arbitration involving states and state-entity parties.- 21 The strengths and weaknesses of international arbitration involving a state as a party.- 22 Disputes between states and foreign companies.- 23 The strengths and weaknesses of international arbitration involving a state as a party: practical implications.- 24 International arbitration between states and corporate entities: a cautionary note.- 25 Settlement of disputes within the framework of foreign debt rescheduling in Latin American countries.- 26 Arbitration with foreign states or state-controlled entities: some practical questions.- 27 Structuring the arbitration in advance — the arbitration clause in an international development agreement.- 28 Sovereign immunity and transnational arbitration.- 29 Sovereign immunity and arbitration.- 30 Enforcement of arbitral awards in Eastern Europe.- 31 The recognition and enforcement of foreign arbitral awards in the states of the Arab Middle East.- 32 So far, so good: enforcement of foreign commercial arbitration awards in United States courts.- 33 The enforcement of arbitral awards against a state: the problem of immunity from execution.