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Towards a Uniform International Arbitration Law?
The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.
The Laboratory of Progress
The Laboratory of Progress: Switzerland in the 19th Century tells the improbable story of how a small, backward, mountainous agricultural country with almost no raw materials became an industrial powerhouse, a hub of innovation, a touristic mecca and a pioneer in transportation – all in the course of a single century. That a tiny landlocked country should become a dominant steamship builder for the rest of the world; that a country that had never seen a cotton plant should become the world’s second-largest textile producer; that a country with hardly any level terrain should come to boast the world’s most highly developed railway network; and that a country whose main export was impove...
Corruption in International Trade and Commercial Arbitration
Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.
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...
Pervasive Problems in International Arbitration
"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Contemporary Issues in International Arbitration and Mediation
The 2010 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.
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...
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 Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
The Legal 500
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