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Evolution and Adaptation
Preface --Opening Keynote Address --Plenary Session Lawmaking in International Arbitration: What Legitimacy Challenges Lie Ahead? --Luncheon Panel: Personal Reflections of Leading Arbitrators --Arbitration Challenged Part I --Arbitration Challenged Part II --Arbitration Involving Public Bodies and Public Interests: Salient Issues --Building Better Arbitration Proceedings: Practical Suggestions --The Moving Face of Technology --Hot Topics and New Voices --Plenary: New Frontiers in International Arbitration --Closing Keynote Address --ICCA-ASIL Task Force on Damages Breakfast.
The Iran-United States Claims Tribunal
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Leading Arbitrators' Guide to International Arbitration - Third Edition
The Leading Arbitrators' Guide to International Arbitration Third Edition 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 book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Building International Investment Law
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall s...
The International Court of Justice and the Judicial Function
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
International Arbitration in the 21st Century
The field of international arbitration proliferates apace. The growth in cases brings with it commensurate increases in the number of arbitral institutions, new sets of arbitration rules, arbitrations and arbitration practitioners, and the elaboration of related national laws and international agreements. Two consequences of this proliferation have become evident. One is the increasing "judicialization" of international arbitration, meaning both that arbitrations tend to be conducted more frequently with the procedural intricacy and formality more native to litigation in national courts and that they are more often subjected to judicial intervention and control. The other consequence is a ri...
The UNCITRAL Arbitration Rules
This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.
Evidence Before International Tribunals
This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
