Suchergebnisse

Rethinking the relevance of customary international law to issues of nationality in investment treaty arbitration / Javier García Olmedo -- Investment claims and annexation of territory : where general international law and investment law collide / Sebastian Wuschka -- General exception clauses in international investment agreements: a case for systemic integration? / Tobias Ackermann -- International norms, a defense in investment treaty arbitration? / Dafina Atanasova -- Towards a new regulatory paradigm under recent fta investment chapters? / Elsa Sardinha -- Let's get it right : a comparative law approach as a technique for solving conflicts between EU law and investment arbitration / Blerina Xheraj -- The energy charter treaty and European Union law : mutually supportive instruments for economic cooperation or schizophrenia in the "acquis" / Cees Verburg -- The structural need for intra-EU bit protection / Emily Sipiorski -- Is one permanent instance enough? : a comparison between the WTO appellate body and the proposed investment court system / Marcus Weiler -- The appropriate use of bifurcation as a means for increasing efficiency in investment arbitration / Jola Gjuzi -- Effective management of mass claims arbitration : what could be learnt from international tribunals? / Katarzyna Szczudlik -- The impact of the economic and political situation prevailing in the host state on compensation under international investment law / Sven Lange -- The impact of third party funding on an ICSID tribunal's decision on security for costs / Alexander Hoffmann -- Rationalising costs in international arbitration : a tall order? / speech by Neil Kaplan QC CBE SBS

'Tribunal Secretaries in International Arbitration' adopts a transnational approach to systematically answer questions about tribunal secretaries often discussed but thus far unresolved. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.

This handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter - topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions.

Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.--

Introduction --Evolution of Provisional Measures in International Commercial Arbitration --Forum to Seek Provisional Measures --Emergency Arbitral Provisional Measures: Complementary Mechanism --Arbitral Provisional Measures --Weight and Enforceability of Arbitral Provisional Measures.

International arbitration : more efficiency for greater credibility / Catherine Kessedjian -- Neutral selection : perspectives from a neutral / Peter Michaelson -- Breach of treaty claims and breach of contract claims : simplification of international jurisprudence / Stanimir A. Alexandrov & James Mendenhall -- Investment treaty tribunals, human rights, and international law / Laurence Shore and Liang-Ying Tan -- The ICC's role in administering investment arbitration disputes / Rocío Digón & Marek Krasula -- Attorneys' conflicts of interest in international arbitration / Bruce A. Green -- Inherent powers of arbitrators to deal with ethical issues / Margaret Moses -- A defense of the IBA guidelines on party representation / Doak Bishop & Isabel Fernández de la Cuesta -- Arbitrator challenges : too many or not enough? / Catherine A. Rogers & Idil Tumer -- Preparing the client in an international mediation : what to expect from the process / Lorraine M. Brennan -- Investor-state mediation (ISM) : a comparison of recent treaties and rules / Anna Joubin-Bret -- The effect of culture on international mediation / Josefa Sicard-Mirabal & Rachael Clarke -- The current status and future of international mediation / James M. Rhodes -- Variations in the uptake of and resistance to mediation outside of the United States / Carrie Menkel-Meadow -- WTO and Russia / Kaj Hobér -- Arbitration in regional trade agreements (RTAs) and the World Trade Organization (WTO) / Luiz Olavo Baptista -- Settling international economic disputes : the WTO and other models. Trade and Investments / Giorgio Sacerdoti -- The challenge posed to the WTO dispute settlement system by the imbalance in developing and developed country participation / Gonzalo Biggs -- Substantive and procedural arbitrability in ad hoc investor-state arbitration : BG Group v. Argentina / John J. Barcelo III -- Structuring and restructuring of investment in investment treaty arbitration / Roland Ziadé & Lorenzo Melchionda -- Defaulting parties and default awards in international arbitration / Dr. Wolfgang Kühn -- Arbitration of international tax disputes : a move towards democratization? / Alexis Foucard & Léa Grandfond -- International tax arbitration and developing countries / Michael Lennard -- International tax arbitration as an ADR solution in a time of global tax demands / Natalia Quinones Cruz

"The vitality, or alternatively, vitiation, of the international arbitral process is a pressing subject today. The explosion of interstate, investor-State, and international commercial arbitration attest to the huge expansion of the field in recent years. This second edition combines the historical analysis of the first edition in 1987 with a survey of contemporary developments on each of the three salient problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it, and this book will be an invaluable guide for today's practitioners and scholars alike"--

The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.