Oxford University Press: International Commercial Arbitration in New York by James H. Carter and John Fellas, 2010.
International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Information on class action arbitration and challenging and enforcing arbitral awards are also included, making this a comprehensive, valuable resource for practitioners.
Oxford University Press: Due Process in International Commercial Arbitration, Second Edition. Matti S. Kurkela, Santtu Turunen and Conflict Management Institute (COMI), 2010.
This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.
Oxford University Press: Practitioner’s Handbook on International Commercial Arbitration, Second Edition Edited by Frank-Bernd Weigand, 2010.
The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts.This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions
Oxford University Press: Redfern & Hunter on International Arbitration, Fifth Edition,Nigel Blackaby & Constantine Partasides, and With Alan Redfern and Martin Hunter,2010
Since it was first published in 1986, Redfern & Hunter's commentary on international arbitration has been widely hailed as the leading text on the subject, and essential reading for lawyers and arbitrators around the world. Based on the four authors' extensive personal experience as counsel and arbitrators, this fifth edition provides a newly updated explanation of every element of the law and practice of international arbitration. With a focus on the practice as well as the theory of international arbitration, this text provides an invaluable guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The fifth edition updates this classic text to incorporate reference to all of the latest significant developments in the field and provides a fuller treatment of investment treaty arbitration, and international arbitration beyond the UK and Europe. In particular, the fifth edition contains substantially increased coverage of the law and practice of international arbitration in the United States, Latin America, China and India. Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself (including the challenge, recognition and enforcement of arbitral awards), and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.
Oxford University Press: Arbitration Under International Investment Agreements, A Guide to the Key Issues, Katia Yannaca-Small,2010.
Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration.Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.
Oxford University Press The Law of International Responsibility, Edited by James Crawford, Alain Pellet and Simon Olleson, 2010
The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.
The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialized regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.
Oxford University Press: "International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer"; Edited by Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich, 1040 pages.
Cambridge University Press: The ICSID Convention, A Commentary (Second Edition), by Christoph H. Schreuer with Loretta Malintoppi. August Reinisch and Anthony Sinclair (August 2009)
These are the 2007 Fordham Papers, the first annual volume of papers on international arbitration and mediation written by leading figures in these fields who spoke at the 2007 annual conference on international arbitration and mediation held at the Fordham Law School in New York City. The five chapters of 23 papers address current issues of international arbitration, including investor-state arbitration, the conduct of international arbitration and jurisdictional issues, remedies and defenses, recent developments in arbitrator disclosure law and practice, and international mediation, including ethics, training, process, and growth of mediation. The papers focus on both practical considerations and scholarly analyses.
Contributors include: Antonio Parra, Lucy Reed, Daina Bray, Brigitte Stern, Barton Legum, Hon.Charles Brower, Michael Ottolenghi, Yves Derains, Judith Gill, John Barcelo, Yuval Shany, Jonas Benedictsson, Julian Lew, Sigvard Jarvin, Richard Mosk, Robert Davidson, James Carter, Lorraine Brennan, Michael Hwang, Katie Chung, Fong Lee Cheng, Kathleen Scanlon, Hon. Fern Smith, Jon Lang, Eileen Carroll, Norris Yang, and Mercedes Tarrazon. (This book is currently under review)
The collection is of interest to those involved in investor-state and international commercial arbitration and mediation, including arbitrators, mediators, advocates, scholars, governments officials, international institutions, and students. (This book is currently under review)
This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or “reverse engineer” the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar. (This book is currently under review)
Practitioner's Handbook On International Arbitration And Mediation- 2nd Edition (Rufus von Thulen Rhoades, Daniel M. Kolkey, Richard Chernick, Editors. 2007)
The Practitioner’s Handbook on International Arbitration and Mediation, 2nd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers in-depth all the most important facets of international arbitration and mediation. This work is intended to make the reader into a better practitioner, whether as an arbitrator/mediator or as counsel appearing in an international arbitration or mediation. The chapters are designed to help you reach that goal as each chapter has been written with the understanding that you are looking for practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The work is divided into three parts. Part One contains a general discussion of international arbitration. Part Two deals with international mediation. Each of these chapters is filled with Practitioner's Expert Commentary and Hints on the most important aspects of international arbitration and mediation. Part Three is country specific. These chapters give you detailed, practical advice on how to conduct an international arbitration in that particular jurisdiction. As a result, chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered (Book under review)
This book focuses on investment arbitrations in Eastern Europe, and in particular on the concept of expropriation—the core of the law of protection of foreign investment. This treatise brings together in one volume awards rendered in a geographic area where investment disputes have arisen frequently - Eastern Europe. The author, having been counsel or arbitrator in all the arbitral awards commented on this work, is in a unique position for stocktaking of, and reflection on, developments in this dynamic and growing area of arbitration.ocuses on investment arbitrations in Eastern Europe, and in particular on the concept of expropriation—the core of the law of protection of foreign investment. This treatise brings together in one volume awards rendered in a geographic area where investment disputes have arisen frequently - Eastern Europe. The author, having been counsel or arbitrator in all the arbitral awards commented on this work, is in a unique position for stocktaking of, and reflection on, developments in this dynamic and growing area of arbitration.
International Arbitration Checklists - 2nd Edition (Grant Hanessian, and Lawrence W. Newman, Editors. 2009)
Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.
The Practitioner’s Guide to Arbitration in the Middle East and North Africa. (Essam Al Tamimi Editor. 2009)
he Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards.
State Entities in International Arbitration (Emmanuel Gaillard, Editor. 2008)
The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de l’Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law. The first is whether and under what conditions a State may be held liable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise. The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons. The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration.
The Swiss International Arbitration Law Reports (Paolo Michele Patocchi and Matthias Scherer, Editors)
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland’s highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court’s decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland. This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration. This publication will be of great use to arbitrators, the parties and their lawyers as well as commentators who will benefit from access to case law in one key jurisdiction for international arbitration.
This book is completely revised and expanded in this all new edition. It offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result.
The number of investment treaty arbitration cases filed each year is increasing rapidly. This publication contains the papers and proceedings of Juris Conferences first annual conference on Investment Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of ten "up and coming" members of the investment treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of treaty arbitration veterans, many of whom are currently drafting the awards and essays that have and will form the corpus of international investment law. Their contributions to this project can be found in the five-session transcripts also contained within this volume. The five topics addressed in this volume are certainly contemporary but should nonetheless remain relevant to practitioners and academics for years to come. They include: * A Look Inside the Umbrella Clause Debate * Are the ICSID Rules Governing Nationality and Investment Working? * The Necessity Defense for Investment Law * MNF Treatment * National Treatment – Is Discriminatory Intent Relevant?
Investment Treaty Arbitration and International Law - Volume 2 (Ian A. Laird and Todd J. Weiler, Editor. 2009)
Investment treaty arbitration has rapidly grown over the past ten years and the resulting tribunal decisions have made an important contribution to international law and dispute resolution. This publication contains the papers and proceedings of Juris Conferences’ Second Annual Conference on Investment Treaty Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of eight "up and coming" members of the investment treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of investment arbitration veterans, many of whom are currently drafting the awards and treatises that have and will form the corpus of international investment law. Their contributions to this project can be found in the four-session transcripts also contained within this volume. The four topics addressed in this volume are cutting edge issues in the field and will be directly relevant to the work of practitioners and academics for years to come. They include:- Arbitrators and Issue Conflict - Treading a Tightrope of Legitimacy? - Do Municipal Investment Laws Always Constitute a Unilateral Offer to Arbitrate?- Annulment and Judicial Review - How "Final" Is an Award?
- Fair and Equitable Treatment - Evolution or Revolution? Included in the volume are the luncheon remarks of Judge Stephen M. Schwebel on the topic: “The Provenance and Performance of Investment Treaty Arbitration”
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
This book has one of the most extensive review of how to resolve labor disputes in China by mediation, arbitration, and litigation, including relevant legal regulations. It adds value by accurate and up-to-date statistics and tables related to cases in arbitration and mediation.