Recognition And Enforcement Of Foreign Arbitral Awards In Russia And Former Ussr States

Recognition And Enforcement Of Foreign Arbitral Awards In Russia And Former Ussr States Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Recognition And Enforcement Of Foreign Arbitral Awards In Russia And Former Ussr States book. This book definitely worth reading, it is an incredibly well-written.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

Roman Zykov
Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States Book PDF

Author : Roman Zykov
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 40,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9789403532912

Get Book

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by Roman Zykov Pdf

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

Roman Zykov
Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States Book PDF

Author : Roman Zykov
Publisher : Kluwer Law International
Page : 632 pages
File Size : 54,9 Mb
Release : 2021-04-22
Category : Electronic
ISBN : 9403532904

Get Book

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by Roman Zykov Pdf

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Enforcing Foreign Arbitral Awards Against Russian Entities

Kaj Hobér
Enforcing Foreign Arbitral Awards Against Russian Entities Book PDF

Author : Kaj Hobér
Publisher : Unknown
Page : 274 pages
File Size : 43,7 Mb
Release : 1994
Category : History
ISBN : STANFORD:36105061107509

Get Book

Enforcing Foreign Arbitral Awards Against Russian Entities by Kaj Hobér Pdf

Arbitration of disputes involving Russian entities has increased significantly since the breakup of the Soviet Union. Kaj Hober, with his expertise in Russian & Swedish arbitration & legal systems, guides you through the procedural framework for enforcement of awards as well as all the practical considerations. With this one handy reference, you can secure your judgment & do business with confidence.

Yearbook Commercial Arbitration, Volume XLIV (2019)

Stephan W. Schill
Yearbook Commercial Arbitration Volume XLIV 2019 Book PDF

Author : Stephan W. Schill
Publisher : Kluwer Law International B.V.
Page : 927 pages
File Size : 42,8 Mb
Release : 2019-12-17
Category : Law
ISBN : 9789403520353

Get Book

Yearbook Commercial Arbitration, Volume XLIV (2019) by Stephan W. Schill Pdf

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLIV (2019) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice inDjibouti, India, the Republic of Maldives, New Zealand, Papua New Guinea, Sweden, and the United Arab Emirates, as well as the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration; excerpts of 88 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, a selection of seven cases from Hungary, and cases from Fiji, Macao SAR, Panama, and the Caribbean Community – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Albert Jan van den Berg; excerpts from two decision applying the 1965 Washington (ICSID) Convention and four decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of eight court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Research Handbook on Intellectual Property Rights and Arbitration

Simon Klopschinski,Mary-Rose McGuire
Research Handbook on Intellectual Property Rights and Arbitration Book PDF

Author : Simon Klopschinski,Mary-Rose McGuire
Publisher : Edward Elgar Publishing
Page : 603 pages
File Size : 43,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781800378360

Get Book

Research Handbook on Intellectual Property Rights and Arbitration by Simon Klopschinski,Mary-Rose McGuire Pdf

The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.

Recognition and Enforcement of Foreign Arbitral Awards

George A. Bermann
Recognition and Enforcement of Foreign Arbitral Awards Book PDF

Author : George A. Bermann
Publisher : Springer
Page : 1102 pages
File Size : 48,9 Mb
Release : 2017-07-17
Category : Law
ISBN : 9783319509150

Get Book

Recognition and Enforcement of Foreign Arbitral Awards by George A. Bermann Pdf

This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

International Economic Law and the Challenges of the Free Zones

Julien Chaisse,Jiaxiang Hu
International Economic Law and the Challenges of the Free Zones Book PDF

Author : Julien Chaisse,Jiaxiang Hu
Publisher : Kluwer Law International B.V.
Page : 360 pages
File Size : 46,6 Mb
Release : 2019-05-02
Category : Law
ISBN : 9789403509006

Get Book

International Economic Law and the Challenges of the Free Zones by Julien Chaisse,Jiaxiang Hu Pdf

Special economic zones (SEZs) have become a permanent feature of the world trade scene. This book, the first to provide a critical and comprehensive analysis of SEZs covering a wide spectrum of countries and regions, shows how SEZs, albeit established at the domestic level by different countries, raise multiple legal issues under international economic law. This first-rate book is the product of the Asia FDI Forum IV held in Hong Kong in 2018. Thoroughly exploring the development of the SEZ phenomenon and its players, the contributing authors (all leading economic law experts) review the issues raised by SEZs in the context of international trade law, international investment law and investment arbitration. They identify the extent to which SEZs have been coherent in their design and policymaking, in particular with regard to domestic law reforms. They address such aspects (both core themes and specific examples) as the following: investment protection in China’s SEZs; state-owned enterprises regulation; dispute settlement; under what circumstances incentives available in SEZs count as export subsidies prohibited under World Trade Organization (WTO) rules; compliance with internal market rules in European Union (EU) free zones; local populations as victims of land expropriation; Brazil’s Manaus Free Trade Zone; India’s experience with multiple SEZs; the administrative approval system in the Shanghai Free Trade Zone; economic corridors and transit routes as SEZs; ‘refugee cities’: SEZs for migrants; how China’s Supreme People’s Court serves national strategy; how foreign investors challenge free-zone regimes; impacts of the establishment of SEZs on tax revenues; SEZs and labour migration; and management models. The chapters also include insights into the new emerging generation of international investment agreements; WTO accession, transparency, and case law materials clarifying specific trade issues associated with SEZs; and new rules to protect the environment and labour rights, as well as analysis of crucially significant cases such as Goetz v. The Republic of Burundi, Lee Jong Baek v. Kyrgyzstan and Ampal-American and Others v. Egypt. With its critical and comprehensive analysis of the dynamic SEZ phenomenon across legal, economic, investment, regulatory and policy matrices – including a thorough analysis of the success factors and required policies for SEZs – this book takes a giant step towards answering the question whether SEZs fundamentally contradict norms of international law or whether SEZs have to be considered as laboratories which facilitate the implementation of international economic policies. Its careful examination of theory and practice and its approach to lessons learned from case studies will reward trade and investment officials, policymakers, diplomats, economists, lawyers, think tanks, business leaders and others interested in this ever more important area of law and economics.

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

Yulia Levashova,Pascale Accaoui Lorfing
Balancing the Protection of Foreign Investors and States Responses in the Post Pandemic World Book PDF

Author : Yulia Levashova,Pascale Accaoui Lorfing
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 44,7 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403533711

Get Book

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World by Yulia Levashova,Pascale Accaoui Lorfing Pdf

The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.

Law and Practice of International Arbitration in the CIS Region

Kaj Hober,Yarik Kryvoi
Law and Practice of International Arbitration in the CIS Region Book PDF

Author : Kaj Hober,Yarik Kryvoi
Publisher : Kluwer Law International B.V.
Page : 656 pages
File Size : 48,6 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041167033

Get Book

Law and Practice of International Arbitration in the CIS Region by Kaj Hober,Yarik Kryvoi Pdf

The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions. This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics: • arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union. An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West. As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

United Nations Commission on International Trade Law
UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards New York 1958 Book PDF

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 40,5 Mb
Release : 2017-02-15
Category : Political Science
ISBN : 9789210583183

Get Book

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by United Nations Commission on International Trade Law Pdf

The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

Enforcement of Foreign Arbitral Awards in Russia

William R. Spiegelberger
Enforcement of Foreign Arbitral Awards in Russia Book PDF

Author : William R. Spiegelberger
Publisher : Juris Publishing, Inc.
Page : 340 pages
File Size : 53,7 Mb
Release : 2014-08-01
Category : Arbitration agreements, Commercial
ISBN : 9781937518455

Get Book

Enforcement of Foreign Arbitral Awards in Russia by William R. Spiegelberger Pdf

Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments. The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as: • Which Russian courts enforce awards and what are they like? • What laws, treaties, and rules apply? • How do the courts reach their decisions? • Do those courts sometimes reach anomalous conclusions? • What should an applicant for enforcement watch out for? • What are the common pitfalls? With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.

The Freshfields Guide to Arbitration Clauses in International Contracts

Jan Paulsson,Nigel Rawding,Lucy Reed
The Freshfields Guide to Arbitration Clauses in International Contracts Book PDF

Author : Jan Paulsson,Nigel Rawding,Lucy Reed
Publisher : Kluwer Law International B.V.
Page : 194 pages
File Size : 44,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134004

Get Book

The Freshfields Guide to Arbitration Clauses in International Contracts by Jan Paulsson,Nigel Rawding,Lucy Reed Pdf

With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

OECD Investment Policy Reviews: Russian Federation 2006 Enhancing Policy Transparency

OECD
OECD Investment Policy Reviews Russian Federation 2006 Enhancing Policy Transparency Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 115 pages
File Size : 55,5 Mb
Release : 2006-07-10
Category : Electronic
ISBN : 9789264025936

Get Book

OECD Investment Policy Reviews: Russian Federation 2006 Enhancing Policy Transparency by OECD Pdf

This 2006 Investment Policy Review of the Russian Federation examines developments in Russia's regulatory investment environment since the publication of the 2004 Review, focusing on investment policy transparency and effective implementation.

Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

Borzu Sabahi,Nicholas J. Birch,Ian A. Laird,José Antonio Rivas
Revolution in the International Rule of Law Essays in Honor of Don Wallace Jr Book PDF

Author : Borzu Sabahi,Nicholas J. Birch,Ian A. Laird,José Antonio Rivas
Publisher : Juris Publishing, Inc.
Page : 702 pages
File Size : 44,8 Mb
Release : 2014-10-01
Category : International law
ISBN : 9781578233472

Get Book

Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. by Borzu Sabahi,Nicholas J. Birch,Ian A. Laird,José Antonio Rivas Pdf

As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political RiskInternational Investment Law and ArbitrationUnification of Private LawCommercial Law ReformPublic ProcurementRule of Law and Transitional JusticeInternational Business Law and Human RightsLegal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.

International Commercial Arbitration

Giuditta Cordero-Moss
International Commercial Arbitration Book PDF

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 453 pages
File Size : 54,7 Mb
Release : 2013-03-14
Category : Law
ISBN : 9781107328747

Get Book

International Commercial Arbitration by Giuditta Cordero-Moss Pdf

Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.