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The Review of International Arbitral Awards
In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.
Recognition and Enforcement of Foreign Arbitral Awards
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
The Notion of Award in International Commercial Arbitration
International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis...
Third-Party Effects of Arbitral Awards
The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it pr...
An Introduction to International Arbitration
Comprehensive introductory textbook on the law and practice of international arbitration.
Enforcement of Investment Treaty Arbitration Awards
The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Spearheaded by leading arbitration practitioner, Julien Fouret, this second edition brings together more than 70 experts to provide substantive analysis of recurring iss
International Commercial Arbitration
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
The International Effectiveness of the Annulment of an Arbitral Award
In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transact...
State Entities in International Arbitration
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.
Comparative International Commercial Arbitration
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
