The Rise Of Transparency In International Arbitration

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The Rise of Transparency in International Arbitration

Alberto Malatesta ,Rinaldo Sali
The Rise of Transparency in International Arbitration Book PDF

Author : Alberto Malatesta ,Rinaldo Sali
Publisher : Juris Publishing, Inc.
Page : 228 pages
File Size : 52,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518233

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The Rise of Transparency in International Arbitration by Alberto Malatesta ,Rinaldo Sali Pdf

The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.

Transparency in International Law

Andrea Bianchi,Anne Peters
Transparency in International Law Book PDF

Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 44,7 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248

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Transparency in International Law by Andrea Bianchi,Anne Peters Pdf

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

Elza Reymond-Eniaeva
Towards a Uniform Approach to Confidentiality of International Commercial Arbitration Book PDF

Author : Elza Reymond-Eniaeva
Publisher : Springer
Page : 240 pages
File Size : 50,5 Mb
Release : 2019-06-11
Category : Law
ISBN : 9783030190033

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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration by Elza Reymond-Eniaeva Pdf

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality. A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties’ identity, it is desirable and should be the goal.

International Commercial and Investor-State Arbitration

Luke Nottage
International Commercial and Investor State Arbitration Book PDF

Author : Luke Nottage
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 44,6 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781800880825

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International Commercial and Investor-State Arbitration by Luke Nottage Pdf

This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

Key Duties of International Investment Arbitrators

Katia Fach Gómez
Key Duties of International Investment Arbitrators Book PDF

Author : Katia Fach Gómez
Publisher : Springer
Page : 222 pages
File Size : 44,6 Mb
Release : 2018-10-31
Category : Law
ISBN : 9783319981284

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Key Duties of International Investment Arbitrators by Katia Fach Gómez Pdf

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Commercial Contract Law and Arbitration

Mads Andenas,Maren Heidemann
Commercial Contract Law and Arbitration Book PDF

Author : Mads Andenas,Maren Heidemann
Publisher : Taylor & Francis
Page : 222 pages
File Size : 54,5 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781040006412

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Commercial Contract Law and Arbitration by Mads Andenas,Maren Heidemann Pdf

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Litigation, Costs, Funding and Behaviour

Willem H. van Boom
Litigation Costs Funding and Behaviour Book PDF

Author : Willem H. van Boom
Publisher : Routledge
Page : 317 pages
File Size : 42,7 Mb
Release : 2016-12-08
Category : Law
ISBN : 9781317104223

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Litigation, Costs, Funding and Behaviour by Willem H. van Boom Pdf

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

Barbara Alicja Warwas
The Liability of Arbitral Institutions Legitimacy Challenges and Functional Responses Book PDF

Author : Barbara Alicja Warwas
Publisher : Springer
Page : 388 pages
File Size : 43,9 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.

The Oxford Handbook of International Arbitration

Thomas Schultz,Federico Ortino
The Oxford Handbook of International Arbitration Book PDF

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press, USA
Page : 1025 pages
File Size : 51,5 Mb
Release : 2020-06-30
Category : Law
ISBN : 9780198796190

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.

Investment Treaty Arbitration as Public International Law

Eric De Brabandere
Investment Treaty Arbitration as Public International Law Book PDF

Author : Eric De Brabandere
Publisher : Cambridge University Press
Page : 265 pages
File Size : 40,7 Mb
Release : 2014-09-15
Category : Law
ISBN : 9781107066878

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Investment Treaty Arbitration as Public International Law by Eric De Brabandere Pdf

This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

European Yearbook of International Economic Law 2021

Jelena Bäumler,Christina Binder,Marc Bungenberg,Markus Krajewski,Giesela Rühl,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
European Yearbook of International Economic Law 2021 Book PDF

Author : Jelena Bäumler,Christina Binder,Marc Bungenberg,Markus Krajewski,Giesela Rühl,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
Publisher : Springer Nature
Page : 373 pages
File Size : 48,6 Mb
Release : 2022-07-06
Category : Law
ISBN : 9783031050831

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European Yearbook of International Economic Law 2021 by Jelena Bäumler,Christina Binder,Marc Bungenberg,Markus Krajewski,Giesela Rühl,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler Pdf

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS.

International Procedure in Interstate Litigation and Arbitration

Eric De Brabandere
International Procedure in Interstate Litigation and Arbitration Book PDF

Author : Eric De Brabandere
Publisher : Cambridge University Press
Page : 445 pages
File Size : 54,8 Mb
Release : 2021-11-25
Category : Law
ISBN : 9781108845311

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International Procedure in Interstate Litigation and Arbitration by Eric De Brabandere Pdf

This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.

Schreuer's Commentary on the ICSID Convention

Stephan W. Schill,Loretta Malintoppi,August Reinisch,Christoph H. Schreuer,Anthony Sinclair
Schreuer s Commentary on the ICSID Convention Book PDF

Author : Stephan W. Schill,Loretta Malintoppi,August Reinisch,Christoph H. Schreuer,Anthony Sinclair
Publisher : Unknown
Page : 2220 pages
File Size : 55,7 Mb
Release : 2021-08-19
Category : Business & Economics
ISBN : 9781108786003

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Schreuer's Commentary on the ICSID Convention by Stephan W. Schill,Loretta Malintoppi,August Reinisch,Christoph H. Schreuer,Anthony Sinclair Pdf

This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.

The Three Paths of Justice

Neil Andrews
The Three Paths of Justice Book PDF

Author : Neil Andrews
Publisher : Springer
Page : 344 pages
File Size : 45,6 Mb
Release : 2018-05-08
Category : Law
ISBN : 9783319748320

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The Three Paths of Justice by Neil Andrews Pdf

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

The Culture of Judicial Independence in a Globalised World

Shimon Shetreet,Wayne McCormack
The Culture of Judicial Independence in a Globalised World Book PDF

Author : Shimon Shetreet,Wayne McCormack
Publisher : BRILL
Page : 511 pages
File Size : 43,8 Mb
Release : 2016-11-10
Category : Law
ISBN : 9789004307087

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The Culture of Judicial Independence in a Globalised World by Shimon Shetreet,Wayne McCormack Pdf

This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.