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)
This unique compendium offers an article-by-article commentary to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor–host State disputes, it incorporates the preparatory work, the Convention’s text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention and academic writings on the subject. The first edition of this work has been relied upon by numerous arbitral tribunals. This second edition follows the same system and approach, but extensive updates reflect the vast increase in arbitral practice since the publication of the first edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. (This book is currently under review)
Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, Volume 2 (2007) Edited by Arthur W. Rovine
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)
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)
Contemporary Issues in International Arbitration and Mediation - The Fordham Papers 2008 is the second annual volume of papers on international arbitration and mediation written by leading figures in the field who spoke at the 2008 Fordham Law School Conference on International Arbitration, held at Fordham in New York City on June 16-17, 2008. The 24 papers are organized into five parts that address investor-state arbitration, recent significant domestic judicial decisions involving or potentially involving international arbitration, class actions and consolidation in international arbitration, intellectual property and information technology issues, and mediation, including confidentiality, qualifications, M & A outcomes, the European Directive, and mediation in China. The papers focus on both practical considerations and scholarly analyses.
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)
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)
The Reasons Requirement in International Investment Arbitration: Critical Case Studies (Edited by Guillermo Aguilar Alvarez and W. Michael Reisman), 2008.
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)
Investment Arbitration in Eastern Europe: In Search of a Definition of Expropriation (Kaj Hobér; 2007)
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.
The Leading Arbitrators' Guide to International Arbitration - 2nd Edition (Lawrence W. Newman and Richard D. Hill, Editors. 2008)
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.
Investment Treaty Arbitration and International Law - Volume 1 (Todd Weiler, Editor. 2008)
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”
Enforcement of Arbitral Awards Against Sovereigns (Doak Bishop. 2009)
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.
Understanding Labor and Employment Law in China (including resolving labor disputes by mediation, arbitration and litigation).Ronald C. Brown (2009)
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.
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.