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Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of t...
General Characteristics of Recoverable Damages in International Arbitration /Paul-A. Gélinas --Mitigation of Damages /Alexander S. Komarov --The Expectation Model /Jan Paulsson --The Obligation to Mitigate Damages /Yasuhei Taniguchi --Punitive and Exemplary Damages in International Arbitration /Jacques Werner --Damages in Investor-State Arbitration: Applicable Law and Burden of Proof /Hugo Perezcano Diaz --Recovery of Damages for Breach of an Obligation of Payment /Nayla Comair-Obeid --Means to be Made Whole: Damages in the Context of International Investment Arbitration /Henry Weisburg and Christopher Ryan --Problems of Delay and Disruption Damages in International Construction Arbitration /Mr. Justice Vivian Ramsey --The Parties' Costs of Arbitration /Bernard Hanotiau.
The Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: – a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; – a chronological index lists the awards; – a ke...
The ICC Rules of Arbitration ('the Rules') constitute one of the world's oldest and most widely used sets of rules for international commercial disputes. On January 1, 1998, new rules took effect which represent the first major reform of the Rules in two decades. Both authors had an intimate involvement in the preparation of the new Rules--Mr. Derains, As chairman of the working party that prepared them, and Mr. Schwartz as Secretary General of the ICC Court during their preparation (Mr. Derains has also served in this position). In the Guide, they draw on their knowledge of ICC Court practice and of issues that commonly arise in connection with the application and interpretation of the Rules. The result: a unique, practical reference for anyone dealing with or expecting to deal with the new ICC Rules.
This first volume of the Collection of ICC Arbitral Awards contains the awards that have already been published between 1974 and 1985 in the Yearbook Commercial Arbitration, the Journal du Droit International (Clunet) and also in the International Construction Law Review. In this volume (1974-1985), certain awards are produced both in English and French. This book is an invaluable reference for anyone who wants to be informed about the ICC arbitration procedure and the awards made applying the different laws of a variety of trading nations. It is equally useful to the practitioner involved in drafting, negotiating and resolving international commercial contracts as it is to the scholar seeking source material on today's trends in international private and commercial law. Collection of ICC Arbitral Awards (CIAA) Vol. 1
The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties. In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the evolution in ICC practice over the last seven years, but of new arbitral and judicial decisions bearing on t...
The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the worldands most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; a chronological index lists the awards; a key word index, also provided in both lan...
The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: - A consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; - A chronological index lists the awards - A key word index, also provided in both la...
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencem...
This book provides an in-depth guide to conducting international arbitration proceedings efficiently and effectively, drawing on Yves Derains' specialist experience in over 500 proceedings. It explores the necessary qualities of successful international arbitrators, and covers the various phases of arbitration proceedings, from the appointment of the arbitrators to the issuing of the award. Key Features: Provides practice-based tips for the conduct of arbitration proceedings Illustrates how to organise case management conferences efficiently Examines the role of witness and expert evidence in arbitration and how to handle it effectively Discusses the complications expected when coordinating international arbitration and how to resolve them The Conduct of International Arbitration Proceedings is an essential resource for anyone involved in arbitration proceedings, including specialist arbitrators, arbitral institutions and the legal teams (in-house and external counsel) of the parties to the arbitration.