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The Reasons Requirement in International Investment Arbitration
This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or a oereverse engineera the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.
International Law Reports
Reports in English on decisions of international courts and arbitrators and judgments of national courts.
International Commercial Arbitration
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues a...
The Art of Advocacy in International Arbitration
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Arbitration of International Business Disputes
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty...
New Directions in International Economic Law
This volume is dedicated to the life and work of Prof. Thomas Wälde (†2008), a leading scholar and international lawyer. Contributions reflect the eclectic and multifaceted career of Prof. Wälde, who was an authority on diverse areas such as natural resources law, international dispute settlement, international investment law and economic development. The authors are all leaders in their respective fields of international law, providing timely, critical assessments on the most challenging topics facing the international community. While the thrust of this volume is on international investment law and dispute settlement, contributors also address a wide array of related issues, including lex mercatoria, human rights, corporate social responsibility, and natural resources law. It will appeal to practitioners and academics alike. All royalties from sales of this volume assist in sustaining the Thomas Wälde PhD Scholarship in International Economic Law, at the Centre for Energy, Mineral and Petroleum Law and Policy in Dundee, Scotland.
The Limits of Leviathan
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
New Horizons in International Commercial Arbitration and Beyond
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
Research Handbook in International Economic Law
This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.
Annuaire Canadien de Droit International 1995
The Canadian Yearbook of International Law is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent Canadian treaties, and book reviews.
