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Stockholm Arbitration Yearbook 2023
Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: arbitration and EU sanctions against Russia; the ins and outs of arbitrator selection; the divide between lawful and unlawful expropriation in investment arbitration; tactical misuse of GDPR in arbitration; court-assisted preservation of evidence; and the distinction between jurisdiction and admissibility. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
Stockholm Arbitration Yearbook 2022
Stockholm Arbitration Yearbook 2022, Volume 4 Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty (ECT). This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: the impact of EU law on dispute resolution in international investment and trade agreements; execution of arbitral award against sovereign wea...
The Swedish Arbitration Act of 1999 Five Years on
In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign part...
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.
International Commercial Arbitration and the Arbitrator's Contract
This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional reference...
Insolvency in Commercial Arbitration
The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-need...
FA Mann
F A Mann: The Lawyer and His Legacy provides a legal biography of Mann, addresses the broad range of sub-disciplines and practice areas in which he was active, and reflects both Mann's outstanding influence and the current topicality of monetary law issues.
Shaping the Law of Obligations
Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good fai...
Stockholm Arbitration Yearbook 2021
Stockholm Arbitration Yearbook Series, VOLUME 3 Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition's topics include: a guide to the arbitral tribunal's deliberation and decision-making; getting unwilling witnesses to appear; recent Swedish case law related to arbitration; claims based on fraud and other non-contractual claims; two parties with several arbitration agreements; and interaction between experts and the arbitral tribunal. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
