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The procedural aspects of international arbitration have largely been neglected. Tribunals are prone to borrow their rules of procedure from one another without considering their suitability for the particular arbitration at hand. Time rarely permits then to act otherwise in the hurry and pressure attendant upon the opening of an arbitration. Agents and counsel are anxiously preparing their cases and awaiting the opening of oral arguments. During the course of the arbitration the ever-nearing date fixed for its completion, the mounting expense of maintaining the staffs, and the burdens of other official duties awaiting the arbitrators and advocates upon the completion of their tasks all tend to discourage the deliberate consideration of procedural problems.Though the need for procedural reform was long ago recognized, the problem has received relatively little attention from writers.

Parts 1 and 3 appeared first in 1915 as spplements to the July 10 and 17 issues of the New statesman, with collective title Suggestions for the prevention of war. ; "This volume is the outcome of a Committee of the Fabian Research Department . To Mr. L. S. Woolf was committed the task of preparing two reports (which appear as Parts I and II of this volume); and upon this investigation the Committee drafted what now stands as Part III." ; Includes bibliographical references and an index. ; Mode of access: Internet.

The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People's Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development of Chinese legislation in this field as it has had a great impact on international arbitration carried out by Chinese companies. International business exchanges with China have increased enormously over the last few years and even the recent economic recession has not slowed down this growth, making China the biggest Asian market in terms of import-export trade. As a natural consequence, this increase in business deals and contracts has brought about a rise in the number of trade disputes, with a consequent increase in arbitration proceedings. The aim of this paper is to examine the English version of PRCAL in order to highlight some of the linguistic and legal features present that betray specific cultural values. In some cases, the PRCAL text is compared to the United Nations Model Law on International Commercial Arbitration, with the aim of offering a more detailed understanding of textual phenomena closely linked to differing legal and cultural traditions.

Preface --Welcoming Remarks --Opening Address --Greetings --Arbitration in Settlement of International Commercial Disputes Involving the Far East --Overcoming Regional Differences: Arbitral Practice, Comparative Law and the Approximation of Laws --List of Oral Interventions --List of Written Communications.

When the United Nations undertook the publication of the Reports of International Arbitral Awards, the `Pasicrisie internationale' was identified as one of the rare truly general collections of international case law in existence. In fact, in deciding to publish the arbitration clauses and arbitral awards from 1794 to 1900, Henri La Fontaine was doing pioneering work, foreshadowing the famous Reports by half a century. As we near the end of the century, the `Pasicrisie internationale' remains just as pertinent as it was when first published in 1902. This collection of arbitral awards, with its modest appearance, has certainly contributed more to the development of international arbitration case law than any number of lyrical speeches advocating peace through law. First edition printed in 1902 by Stämpfli, Bern. Lorsque l'Organisation des Nations Unies entreprit la publication de son Recueil des sentences arbitrales, elle identifia la Pasicrisie internationale comme constituant l'une des rares véritables collections générales de jurisprudence internationale préexistantes. De fait, en décidant de rassembler les clauses compromissoires et les sentences arbitrales de 1794 à1900, Henri La Fontaine avait fait oeuvre de pionnier et il préfigurait, avec un demi-siècle d'avance, le célèbre Recueil. En cette fin de siècle, la Pasicrisie internationale constitue donc un outil de travail toujours aussi actuel que lors de sa publication en 1902. Cette compilation de sentences arbitrales, d'apparence modeste, a certainement plus contribué au développement de la jurisprudence arbitrale internationale que bien des discours lyriques prônant la paix par le droit. Première édition imprimée en 1902 par Stämpfli, Berne

The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People's Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development of Chinese legislation in this field as it has had a great impact on international arbitration carried out by Chinese companies. International business exchanges with China have increased enormously over the last few years and even the recent economic recession has not slowed down this growth, making China the biggest Asian market in terms of import-export trade. As a natural consequence, this increase in business deals and contracts has brought about a rise in the number of trade disputes, with a consequent increase in arbitration proceedings. The aim of this paper is to examine the English version of PRCAL in order to highlight some of the linguistic and legal features present that betray specific cultural values. In some cases, the PRCAL text is compared to the United Nations Model Law on International Commercial Arbitration, with the aim of offering a more detailed understanding of textual phenomena closely linked to differing legal and cultural traditions.

This volume addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.

This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.