Kategoria BISAC: Law >> Arbitration, Negotiation, Mediation

ICC Dossiers Volume 8

and#8220;An arbitration is only as good as the arbitratorand#8221;. This frequently used maxim acts as an invitation to use arbitration but also as a scarecrow warning users off arbitration.

Disputing parties are of course free to choose their arbitration tribunal, which allows them to begin an arbitration with a certain tranquillity. Once the arbitration has begun, should the parties become concerned if the arbitratorsand#8217; qualities do not meet their expectations? Unlike court judgments, arbitral awards are not subject to ordinary...

ICC Dossiers Volume 9

Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the partiesand#8217; mutual expectations and their cultural origins.

Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the...

ICC Dossiers Volume 10

The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration.

The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this...

ICC Dossiers Volume 11

The Application of Substantive Law by International Arbitrators examines issues which may arise when international arbitrators apply the rules of a national legal system.

During arbitral proceedings, parties expect arbitrators to apply the law they have chosen. Unlike a state judge or domestic arbitrator applying his own law however, international arbitrators must gather the necessary information about the contents of the applicable law. Furthermore, they are frequently faced with complex questions such as:

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ICC Dossiers Volume 12

The choice of jurisdiction is one of the most important provisions of a contract. The jurisdiction clause determines the national Court, and its rules of conflict, or the arbitral tribunal, whose role will be to give effect to the partiesand#8217; agreement on the substance and on the applicable law. Written by arbitrators, academics and practitioners, this dossier addresses the multiple challenges facing the jurisdiction clause through an expert in-depth comparison of syndromes and proposed solutions in both arbitration and court proceedings.

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ICC Dossiers Volume 13

Corruption is one of the most difficult issues facing international arbitrators today. This publication addresses the issue of corruption in arbitration in a systematic way. It balances theoretical and practical considerations, takes into account the different perspectives of the parties, counsel and arbitral tribunal, distinguishing between commercial and investment arbitration.

The topics covered include the impact of corruption on and#8220;gateway issuesand#8221; of arbitrability, jurisdiction, admissibility, procedure and the...

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust...

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practice, taking into consideration the features and characteristics of various examples of ODR.

The book begins with a theoretical approach, looking into the history and culture of arbitration as well as analysing the potential adoption of technology-assisted arbitration in resolving certain types of international commercial and...

This book provides an in-depth exploration of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also paves the way for future directions of arbitration in the context of reinsurance.

To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.

Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the...

This revised edition of The History of ICSID details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and...

The Transformation of Arbitration in Africa offers an in-depth analysis of the role arbitration centres based in African cities play throughout the continent. Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book defines and recommends ways in which these institutions can emerge as a major and indispensable factor in the growth and development of commerce in Africa.

The book was inspired by an arbitration...

This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising out of them and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods and examines the legal issues of dispute resolution arising out of transnational securities transactions. In addition, the book proposes two systems of...

This edited collection studies the recent emergence of Asia Pacific jurisdictions and looks at how they are developing into regional or international arbitration centres thanks to various reform efforts and initiatives. This book provides the most up-to-date and comprehensive analysis of the ways in which arbitration laws and practices are recently reformed in the Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether top-down, bottom-up, or a hybrid. Setting the...

International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses.

Key Features Include:

• Discussion of practical reasons for international arbitration and forum selection clauses
• Uncomplicated and concise guidance on drafting international arbitration and forum selection clauses
• Do's and don't's for drafting
• Model international arbitration and...

This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents andexamines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and...