Yearbook Commercial Arbitration, Volume XLV (2020)

Yearbook Commercial Arbitration, Volume XLV (2020)
Author: Stephan W. Schill
Publisher: Kluwer Law International B.V.
Total Pages: 589
Release: 2020-12-17
Genre:
ISBN: 9403522615

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLV (2020) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Milan Chamber of Arbitration (CAM), as well as twelve awards reflecting the practice of tribunals constituted under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Ethiopia, Lithuania, Macao SAR, Palau, Peru, Poland, Portugal, Russian Federation, Seychelles, Sierra Leone, Singapore, Switzerland, Tanzania, Thailand, and Tonga; excerpts of 87 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, a selection of seven cases from Egypt, and cases from Tanzania and Uzbekistan – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from two decision applying the 1965 Washington (ICSID) Convention and seven decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of four court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Selected Papers on International Arbitration

Selected Papers on International Arbitration
Author: Daniel Girsberger
Publisher: Stämpfli Verlag
Total Pages: 190
Release: 2023-01-31
Genre: Law
ISBN: 372722195X

The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The Swiss Arbitration Academy is a private institution founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded with the Certificate of Advanced Studies in Arbitration (CAS in Arbitration) and the Arbitration Practitioner title (ArbP).

International Arbitration in Times of Economic Nationalism

International Arbitration in Times of Economic Nationalism
Author: Bjorn Arp
Publisher: Kluwer Law International B.V.
Total Pages: 324
Release: 2022-07-06
Genre: Law
ISBN: 940354693X

Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

The Regulation of International Commercial Arbitration

The Regulation of International Commercial Arbitration
Author: João Ilhão Moreira
Publisher: Bloomsbury Publishing
Total Pages: 217
Release: 2024-07-25
Genre: Law
ISBN: 1509962719

This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

Construction Arbitration and Alternative Dispute Resolution

Construction Arbitration and Alternative Dispute Resolution
Author: Renato Nazzini
Publisher: Taylor & Francis
Total Pages: 471
Release: 2021-10-21
Genre: Law
ISBN: 100044869X

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

"Soft Law" in International Commercial Arbitration

Author: Felix Dasser
Publisher: BRILL
Total Pages: 300
Release: 2021-05-25
Genre: Law
ISBN: 9004462902

This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

The Australian Year Book of International Law

The Australian Year Book of International Law
Author: Donald R. Rothwell
Publisher: Australian Year Book of Intern
Total Pages: 0
Release: 2022
Genre: Law
ISBN: 9789004504318

The Australian Year Book of International Law focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide.