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Transnational Due Process and Article V(1)(b) of the New York Convention
Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national ...
The Brazilian Arbitration Act
Brazil has risen to extraordinary prominence as an arbitration seat, and Brazilian law in matters of domestic and international arbitration has been watched all over the world due to its arbitration-friendly legislation and cutting-edge case law. This is the first book to fully recognize and elucidate this phenomenon with a detailed article-by-article examination, in English, of decisions of the Brazilian Supreme Court (STF) and the Brazilian Superior Court of Justice (STJ) on each of the Brazilian Arbitration Act’s (BAA) provisions. More than two hundred judicial decisions are directly quoted. In-depth annotation of the text of each article includes the following: a short descriptive summ...
By Peaceful Means
The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs. This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration...
Due Process as a Limit to Discretion in International Commercial Arbitration
The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, dr...
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...
International Commercial Contracts
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.
Handbook of Evidence in International Commercial Arbitration
In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concept...
Peace in Latin America
This volume shifts the focus from violence to peace studies in Latin America and sheds light on how social groups and individuals resist to violence and strive to create peaceful or at least less violent conditions of conviviality. Drawing on social sciences, history, and anthropology, but also on cultural, literary, and film studies, the book examines the role of social mobilizations, civic activism, and cultural/artistic initiatives as responses to the crisis of violence, which the state is unable or unwilling to address. In this sense, it debates what a culture of peace could mean in Latin America. Divided into four chapters, Chapter 1 discusses peace from an epistemological and philosoph...
Arbitragem e Devido Processo Legal
A arbitragem oferece a mais ampla autonomia às partes, que são livres para selecionar os árbitros e as normas de direito processual e material aplicáveis. Está sujeita, porém, a um requisito primordial: a plena observância ao devido processo legal. Nesta obra, Yuri Maciel Araujo dedica-se a esclarecer, então, como o devido processo legal arbitral assume feição própria e bastante distinta daquela consagrada no processo estatal. Desenvolve, nesse sentido, profundo exame da atuação de partes e árbitros, além dos parâmetros éticos a que estão vinculados. Ao enfrentar a matéria, o livro "traduz rica fonte de estudo, já que problematiza, com rigor técnico e pertinência temática, o alicerce do assunto – o sistema arbitral e seu respectivo devido processo legal –, bem como seus pilares – o contraditório, a imparcialidade e a independência do árbitro –, apresentando valiosas assertivas com o propósito de municiar o usuário e o acadêmico no efetivo manejo da arbitragem, resguardando as garantias processuais essenciais" (In: Prefácio de Giovanni Ettore Nanni).
International Arbitration in Latin America
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced...
