Towards a Science of International Arbitration

Towards a Science of International Arbitration

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  • Author: Christopher R. Drahozal
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041123229
  • Category : Law
  • Languages : en
  • Pages : 394

Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.


The International Effectiveness of the Annulment of an Arbitral Award

The International Effectiveness of the Annulment of an Arbitral Award

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  • Author: Hamid Gharavi
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041117172
  • Category : Law
  • Languages : en
  • Pages : 221

In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.


The Roles of Psychology in International Arbitration

The Roles of Psychology in International Arbitration

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  • Author: Tony Cole
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041159282
  • Category : Law
  • Languages : en
  • Pages : 456

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.


International Dispute Resolution

International Dispute Resolution

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  • Author: Albert Jan van den Berg
  • Publisher:
  • ISBN: 9789041105615
  • Category :
  • Languages : en
  • Pages : 242


International Arbitration

International Arbitration

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  • Author: Stephen M. Schwebel
  • Publisher: Cambridge University Press
  • ISBN: 0521768020
  • Category : Law
  • Languages : en
  • Pages : 355

Considers the vitality of the international arbitral process through an updated examination of three salient problems.


International Arbitration: Law and Practice

International Arbitration: Law and Practice

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  • Author: Gary B. Born
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9403532548
  • Category : Law
  • Languages : en
  • Pages : 627

International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).


International Dispute Resolution:Towards an International Arbitration Culture

International Dispute Resolution:Towards an International Arbitration Culture

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  • Author: A. J. van den Berg
  • Publisher: Springer
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 292

In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.


The Evolution and Future of International Arbitration

The Evolution and Future of International Arbitration

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  • Author: Stavros L. Brekoulakis
  • Publisher:
  • ISBN: 9789041170040
  • Category : Arbitration (International law)
  • Languages : en
  • Pages : 0

Preface --Opening Speech at the SIA30 Anniversary Conference --Introduction: The Evolution and Future of International Arbitration --Paradigmatic Changes - Uniformity, Diversity, Due Process and Good Administration of Justice: The Next Thirty Years --Document Production, Witness Statements, and Cross-Examination: The Enduring Tensions in International Arbitration --Evolution of Case Law in International Arbitration --A Weather Map for International Arbitration: Mainly Sunny, Some Cloud, Possible Thunderstorms --The Concept of Seat in the New York Convention and the Autonomy of Arbitral Award --The Use of Investor-State Arbitration as a De Facto Enforcement Mechanism for Arbitral Awards --Parties in International Arbitration: Consent v. Commercial Reality --The Swiss Perspective on Parties in Arbitration: "Traditional Approach With a Twist regarding Abuse of Rights" or "Consent Theory Plus"--Third Party Non-Signatories in English Arbitration Law --Comments on Parties in International Arbitration: Consent v. Commercial Reality by Professor Stavros Brekoulakis --A French View On The Application of The Arbitration Agreement to Non-Signatories --Parallel Proceedings Involving Objections to Arbitral Jurisdictions: A Closer Look at the Presumed Intention of the Parties --Preclusion and the New York Convention: Article V(1)(e) and Converse-Article V(1)(e) --Anti-Suit Injunctions and Other Means of Indirect Enforcement of an Arbitration Agreement --National Court Review of Arbitration Awards: Where Do We Go From Here? --Geography of International Arbitration - Where Does the Power Lie? --Expansion of Arbitral Subject Matter: New Topics and New Areas of Law --Emergence of New Arbitral Centres in Asia and Africa: Competition, Cooperation and Contribution to the Rule of Law --The Geography of International Arbitration - Places of Arbitration: the Old Ones and the New Ones --Soft Law and Power --A New Approach to Regulating Counsel Conduct in International Arbitration --Conflicts Disclosures: The IBA Guidelines and Beyond --The Future of Science and Technology In International Arbitration: The Next Thirty Years --The Uncertain Future of the Interactive Arbitrator: Proposals, Good Intentions and the Effect of Conflicting Views on the Role of the Arbitrator --Report: Teaching in International Arbitration --Critically Thinking: International Arbitration in Context --Constructing a "Suite" of International Arbitration Courses: Sample LL. M Course Descriptions and Some Factors to Consider --Most Effective Teaching Methodologies for International Arbitration: Traditional Teaching v. Experiential Teaching --The Proliferation of Specialist LLM Programs - The Challenges They Present, The Development of Programs, Including Specialized Courses --International Arbitration Scholarship: Forms, Determinants, Evolution --The State of Empirical Research on International Commercial Arbitration: 10 Years Later --Empirical Research on International Arbitrators: Benefits and Challenges --Interpreting and Understanding Arbitral Awards for Purposes of Scholarly Research --The Interplay between Empirical Studies and Commercial Arbitration Practice --'Literature Review? What Literature Review?!' - the Influence of Legal Culture on Scholarship in International Arbitration --Appendix: School of International Arbitration 30th Anniversary Gala Dinner Speeches.


Taming the Guerrilla in International Commercial Arbitration

Taming the Guerrilla in International Commercial Arbitration

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  • Author: Navin G. Ahuja
  • Publisher: Springer Nature
  • ISBN: 9811900752
  • Category : Law
  • Languages : en
  • Pages : 336

The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore


Contemporary Problems in International Arbitration

Contemporary Problems in International Arbitration

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  • Author: Julian Lew
  • Publisher: Springer Science & Business Media
  • ISBN: 9401711569
  • Category : Law
  • Languages : en
  • Pages : 380

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.