The Cambridge Companion to International Arbitration

ISBN-13: 9781108727785 / Angielski / Miękka / 2021 / 500 str.

C. L. Lim (The Chinese University of Hon

Opis

This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.

Recenzje

'[The volume] provides international arbitration enthusiasts with an indispensable companion to understand its reliefs, and grasp its substance. … Its quality, evident from reading its content, is just as obvious to the simple consultation of the list of its authors, each of whom has helped to shape the very essence of international arbitration in recent decades … readers will be able to enrich their thinking on arbitrage and will also have at their disposal a series of useful tools for understanding the discipline as a whole.' Pierre Nosewicz, Revue Critique de Droit International Privé

Spis treści

Part I. The history, doctrines and sociology of the growth of transnational justice: 1. Development of the principal forms from antiquity to arbitromania C.L. Lim; 2. Dealing in virtue: A perspective from almost 25 years later Bryant G. Garth; Part II. International commercial arbitration as a transnational justice system: 3. Arbitration and comparative law Gary F. Bell; 4. Which law applies? A role for private international law? Adrian Briggs; 5. The role of the lex arbitri Giuditta Cordero-Moss; 6. Is arbitration autonomous? Ralf Michaels; 7. The future of international commercial arbitration George Bermann; Part III. Investor-state arbitration: 8. Rise of a discipline Jan Paulsson; 9. Consent to arbitration in foreign investment arbitration M. Sornarajah; 10. The applicable law in international investment arbitration Andrea Bjorklund and Lukas Vanhonnaeker; 11. The historical contribution of the world bank Olufemi Elias and Siobhan McInerney-Lankford; 12. ICSID today Meg Kinnear and Daniela Argüello; 13. The future for international investment arbitration Michael Reisman; Part IV. Inter-state arbitration and the pursuit of peace: 14. Arbitration and world peace Christopher Greenwood; 15. Inter-state arbitration: current issues and contemporary challenges Maurice Mendelson; 16. The permanent court of arbitration: from 1899 to the present Garth Schofield; Part V. Systemic, trans-substantive and new issues: 17. Regulating arbitrators and rules on professional responsibility Christopher K. Tahbaz and Natalie L. Reid; 18. Dealing with corruption Florian Haugeneder; 19. The “problem” of costs in arbitration: controlling, allocating and funding costs Matthew Hodgson and Jae Hee Suh; 20. Regression, a conclusion C. L. Lim.