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Good Faith in International Arbitration
Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation...
Swiss Rules of International Arbitration - Second Edition
***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the oth...
Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
Good Faith in International Commercial Arbitration
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehen...
Arbitration and Corruption
Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an eco...
Enforcement in Switzerland
- Enforcement of judgments and arbitral awards in Switzerland - Enforcement proceedings step by step - Full translation of the Swiss Debt Enforcement and Bankruptcy Act The enforcement of judgments and arbitral awards is an important part of the practice of many dispute resolution teams all around the world. It often involves cross-border issues, since enforcement can (also) take place in jurisdictions other than the jurisdiction where the judgment or award originated. This book is designed as a practical guide to enforcement issues in Switzerland for foreign practitioners. It explains the various enforcement proceedings on a step by step basis and contains a full translation of the Swiss Debt Enforcement and Bankruptcy Act. The book includes topics such as the enforcement of monetary judgments with and without attachment, the enforcement of non-monetary judgments, and the enforcement of interim measures. All authors belong to the VISCHER Dispute Resolution team whose core competences include the enforcement of foreign judgments and arbitral awards, including attachment proceedings.
ESG and Disputes
ASA Special Series ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive t...
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.
Fact-Finding in International Arbitration
Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure. In his analysis, focusing on bases that reflect current (but fluid) transnational practice, the author assembles a viable lex evidentiae from an in-depth examination and synthesis of the following bodies of source material...
