Arbitral Institutions Under Scrutiny Asa Special Series No 40

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Arbitral Institutions Under Scrutiny: ASA Special Series No. 40

Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher

Author : Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher
Publisher : Juris Publishing, Inc.
Page : 214 pages
File Size : 40,6 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781937518134

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Arbitral Institutions Under Scrutiny: ASA Special Series No. 40 by Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher Pdf

The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

Nathalie Voser

Author : Nathalie Voser
Publisher : Juris Publishing, Inc.
Page : 331 pages
File Size : 46,9 Mb
Release : 2014-10-01
Category : Arbitration and award
ISBN : 9781937518493

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10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 by Nathalie Voser Pdf

On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.

Arbitrating under the 2020 LCIA Rules

Maxi Scherer,Lisa Richman,Rémy Gerbay

Author : Maxi Scherer,Lisa Richman,Rémy Gerbay
Publisher : Kluwer Law International B.V.
Page : 569 pages
File Size : 40,8 Mb
Release : 2021-07-12
Category : Law
ISBN : 9789403533742

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Arbitrating under the 2020 LCIA Rules by Maxi Scherer,Lisa Richman,Rémy Gerbay Pdf

The London Court of International Arbitration (LCIA), the oldest of all major arbitral institutions, has, since its establishment well over a century ago, embodied the ideals that underlie the arbitral alternative and set its face against undue delay, soaring cost, complexity, and acrimony. Today, the LCIA administers cases arising under any system of law in any venue worldwide. Underscoring the institution’s international nature, and over 80% of parties in pending LCIA cases today are not of English nationality. This highly practical and user-friendly guide provides not only a thorough analysis of the 2020 LCIA Rules but also a comprehensive explanation of the basic principles governing LCIA arbitration, along with an in-depth analysis of complex issues that may arise in the course of LCIA proceedings. Among the new and revised rules affecting LCIA practice and procedure described in detail include the following: use of technology, accommodating virtual conferencing, remote hearings and electronically signed awards, as well as confirming the primacy of electronic communication with the LCIA; tools to expedite proceedings, including the possibility of early dismissal determinations; explicit consideration of data protection; issues relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering and/or economic or trade sanctions; streamlined accommodations for consolidation, composite Requests and concurrent conduct of arbitrations; conduct of authorised representatives of a party; requirements for appointment and removal of tribunal secretaries; and revised schedules of arbitration and mediation costs. The twenty-six chapters of the book provide references to essential national court judgments, statutory provisions, up-to-date statistics, and bibliographical sources on LCIA arbitrations. The 2020 LCIA Rules reflect the most sophisticated current modifications of arbitral procedure, fully aligned with the needs of current global commercial activities. For this reason, and because many companies worldwide include LCIA arbitration clauses in their agreements, this book is invaluable to business executives and corporate counsel as well as to scholars of alternative dispute resolution.

The Functions of Arbitral Institutions

Rémy Gerbay

Author : Rémy Gerbay
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 53,9 Mb
Release : 2016-04-20
Category : Law
ISBN : 9789041162205

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The Functions of Arbitral Institutions by Rémy Gerbay Pdf

While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.

Evolution and Adaptation

Jean Kalicki,Mohamed Abdel Raouf

Author : Jean Kalicki,Mohamed Abdel Raouf
Publisher : Kluwer Law International B.V.
Page : 1099 pages
File Size : 41,7 Mb
Release : 2019-12-17
Category : Law
ISBN : 9789403520438

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Evolution and Adaptation by Jean Kalicki,Mohamed Abdel Raouf Pdf

What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.

The Roles of Psychology in International Arbitration

Tony Cole

Author : Tony Cole
Publisher : Kluwer Law International B.V.
Page : 456 pages
File Size : 45,8 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041159281

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The Roles of Psychology in International Arbitration by Tony Cole Pdf

The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.

Arbitration Beyond Borders

Michael Reisman,Nigel Blackaby

Author : Michael Reisman,Nigel Blackaby
Publisher : Kluwer Law International B.V.
Page : 730 pages
File Size : 51,5 Mb
Release : 2023-04-25
Category : Law
ISBN : 9789403523811

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Arbitration Beyond Borders by Michael Reisman,Nigel Blackaby Pdf

The influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators, have left the principles and practice of international arbitration with a rich legacy of insight and achievement. In this one-of-a-kind book, thirty-two prominent arbitrators and scholars consider the vital issues that concerned him and to which he often gave a new clarity. Each chapter addresses a cutting-edge issue of contemporary international arbitration, including the following: ethical standards for party representatives in international arbitration responsibilities of international arbitrators in the conduct of proceedings alternatives to investment arbitration corruption and “red flags” in international arbitration abuse of rights in restructuring to access investment protection foreign investment disputes under the United States–Mexico–Canada Agreement 2020 the illegality defense in investor-State arbitration arbitration and insolvency status of annulled awards in investment arbitration the arbitration ‘backlash’ The collection addresses, in depth, some of the most pressing technical and political considerations facing international arbitration today. Its focus will enable arbitrators and all whose work involves them in the arbitral process, as well as academics in the field, to equip themselves to address critical issues as they arise during the conduct of any international commercial or investment arbitration.

Handbook of ICC Arbitration

Thomas H. Webster,Dr Michael Buhler

Author : Thomas H. Webster,Dr Michael Buhler
Publisher : Sweet & Maxwell
Page : 1017 pages
File Size : 46,7 Mb
Release : 2014
Category : Law
ISBN : 9780414044630

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Handbook of ICC Arbitration by Thomas H. Webster,Dr Michael Buhler Pdf

Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

The Use of Commercial Arbitration Rules in Investment Treaty Disputes

Joel Dahlquist

Author : Joel Dahlquist
Publisher : BRILL
Page : 343 pages
File Size : 45,9 Mb
Release : 2021-03-15
Category : Law
ISBN : 9789004413689

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The Use of Commercial Arbitration Rules in Investment Treaty Disputes by Joel Dahlquist Pdf

Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.

The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

Barbara Alicja Warwas

Author : Barbara Alicja Warwas
Publisher : Springer
Page : 388 pages
File Size : 52,9 Mb
Release : 2016-09-24
Category : Law
ISBN : 9789462651111

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The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses by Barbara Alicja Warwas Pdf

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.

Litigating International Investment Disputes

Chiara Giorgetti

Author : Chiara Giorgetti
Publisher : Martinus Nijhoff Publishers
Page : 566 pages
File Size : 53,7 Mb
Release : 2014-07-03
Category : Law
ISBN : 9789004276574

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Litigating International Investment Disputes by Chiara Giorgetti Pdf

Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

Legitimacy of Unseen Actors in International Adjudication

Freya Baetens

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 651 pages
File Size : 55,8 Mb
Release : 2019-08-22
Category : Law
ISBN : 9781108485852

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Legitimacy of Unseen Actors in International Adjudication by Freya Baetens Pdf

Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2

Jan H Dalhuisen

Author : Jan H Dalhuisen
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 51,9 Mb
Release : 2022-04-07
Category : Law
ISBN : 9781509949250

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Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 by Jan H Dalhuisen Pdf

“... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King's Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

Swiss Rules of International Arbitration - Second Edition

Tobias Zuberbühler,,Christoph Müller,Philipp Habegger

Author : Tobias Zuberbühler,,Christoph Müller,Philipp Habegger
Publisher : Juris Publishing, Inc.
Page : 592 pages
File Size : 46,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518172

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Swiss Rules of International Arbitration - Second Edition by Tobias Zuberbühler,,Christoph Müller,Philipp Habegger Pdf

***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

Institutional Arbitration

Rolf A Schütze

Author : Rolf A Schütze
Publisher : Bloomsbury Publishing
Page : 1512 pages
File Size : 54,5 Mb
Release : 2013-04-05
Category : Law
ISBN : 9781782250807

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Institutional Arbitration by Rolf A Schütze Pdf

International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules

Arbitral Institutions Under Scrutiny Asa Special Series No 40

Arbitral Institutions Under Scrutiny: ASA Special Series No. 40 by Philipp Habegger,Daniel Hochstrasser,Gabrielle Nater-Bass,Urs Weber-Stecher Pdf

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44 by Nathalie Voser Pdf

Arbitrating under the 2020 LCIA Rules by Maxi Scherer,Lisa Richman,Rémy Gerbay Pdf

The Functions of Arbitral Institutions by Rémy Gerbay Pdf

Evolution and Adaptation by Jean Kalicki,Mohamed Abdel Raouf Pdf

The Roles of Psychology in International Arbitration by Tony Cole Pdf

Arbitration Beyond Borders by Michael Reisman,Nigel Blackaby Pdf

Handbook of ICC Arbitration by Thomas H. Webster,Dr Michael Buhler Pdf

The Use of Commercial Arbitration Rules in Investment Treaty Disputes by Joel Dahlquist Pdf

The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses by Barbara Alicja Warwas Pdf

Litigating International Investment Disputes by Chiara Giorgetti Pdf

Legitimacy of Unseen Actors in International Adjudication by Freya Baetens Pdf

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 by Jan H Dalhuisen Pdf

Swiss Rules of International Arbitration - Second Edition by Tobias Zuberbühler,,Christoph Müller,Philipp Habegger Pdf

Institutional Arbitration by Rolf A Schütze Pdf

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