International Arbitration Law and Practice, Third Edition
This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable. |
Contents
Chapter | 3 |
Chapter | 21 |
MultiTier Formulas | 49 |
Characterisation of Arbitration | 51 |
Battle of Theories | 61 |
Chapter | 63 |
The Sources of International Arbitration Law | 73 |
Precedents | 92 |
Interference | 974 |
Chapter | 977 |
Payment Orders | 978 |
The Evidentiary Stage | 983 |
The Burden of Proof | 984 |
Need for a Leave | 992 |
The Taking of Evidence | 1002 |
Documentary Evidence | 1008 |
Nationality of Arbitration | 97 |
The Category of International Arbitration | 114 |
Transnational Arbitration | 127 |
International Arbitration | 131 |
International Private Arbitration | 134 |
Chapter | 136 |
Disputes Capable of Arbitration | 149 |
Classes ofDisputes | 161 |
Mass Claims and Class Actions | 181 |
Chapter | 186 |
Connections between Disputes | 190 |
Punitive and Treble Damages | 204 |
The Arbitration Agreement | 207 |
The Formation of the Agreement 211 7 2 Unilateral and Optional Clauses | 211 |
Form and Contents | 218 |
Duty to Cooperate | 265 |
The Applicable Law | 276 |
Time Limit | 289 |
Conditions | 298 |
Termination | 306 |
Remedies for Invalidity | 315 |
The Choice of Law Rules to Govern | 321 |
As to the Arbitration Agreement | 336 |
As to the Arbitrability | 344 |
The Parties to Arbitration Capacity to Submit | 349 |
Sovereign Immunity | 361 |
Changes to the Original Contract | 367 |
Succession | 379 |
Third Parties Joinders | 387 |
Multiparty Arbitration | 400 |
Changes of Status | 407 |
Administered Arbitration | 409 |
Relationships between the Various Parties | 413 |
Arbitrator | 417 |
AntiSuit Injunctions | 434 |
The Arbitrator | 441 |
Number ofArbitrators | 449 |
Appointment of the Arbitrator | 458 |
Choice ofLaw | 474 |
Role of the Arbitrator | 504 |
LiabilityImmunity | 519 |
Termination | 523 |
Removal | 532 |
Arbitrators Involvement before State Courts | 538 |
The Role of State Courts | 543 |
Primary and Secondary Jurisdiction | 544 |
Forum Non Conveniens | 551 |
The Juge dAppui | 557 |
Motion to Compel Arbitration | 572 |
As to Evidence | 584 |
Filing of the Award | 590 |
Aid Not Interference | 597 |
As to Security of Costs | 607 |
Confidentiality | 613 |
Breaches and Sanctions | 626 |
Substantive Law | 629 |
Choice Made by the Parties | 632 |
Choice Made by the Arbitrator | 642 |
Trade Usages | 659 |
The Tronc Commun | 673 |
Jura Novit Curia | 684 |
Ex Bono et Aequo Decisions | 691 |
and Ex Bono et Aequo | 713 |
Arbitration and Public Policy | 719 |
Distinctions within Public Policy | 726 |
Applicable Procedural Law | 773 |
Applicable Law | 780 |
Selection of the Procedural Law Effects | 793 |
Procedural Public Policy | 807 |
Arbitration Rules | 811 |
Effects of How the Rules Are Applied | 817 |
The Venue of the Proceedings | 821 |
Criteria for Selecting the Venue | 823 |
DocumentsOnly Arbitration | 835 |
The PreArbitral Referee | 843 |
The Order of the Referee | 849 |
Preliminary Issues and Initial Stage | 851 |
Formation of the Arbitral Tribunal | 862 |
Chapter | 864 |
KompetenzKompetenz | 875 |
Terms of Reference | 905 |
Case Management | 913 |
The Role of the Arbitrator | 917 |
Interlocutory Injunctions | 931 |
International Arbitration | 945 |
Distinctions | 952 |
Standards | 967 |
Oral Evidence | 1023 |
Experts | 1049 |
Presumptions | 1059 |
Time Bars and NonMandatory Terms | 1064 |
No Strict Rules of Evidence | 1070 |
The Last Pleadings and Oral Argument | 1077 |
Speed and Quality | 1083 |
Adjudication | 1090 |
Breach of Due Process | 1091 |
Various Breaches | 1097 |
New Approach to the Dispute | 1113 |
The Concealed Enemies | 1119 |
The Award | 1121 |
Duty to Decide | 1134 |
Content of the Award | 1164 |
Sanctity ofDeliberation Chambers | 1179 |
Effects of the Award | 1194 |
Time Limit to Decide | 1206 |
Publication of the Award | 1219 |
Costs Interest and Higher Damages | 1235 |
Interest | 1248 |
Further Damages | 1254 |
Filing and Notification of the Award | 1259 |
Non Filing | 1269 |
Challenges of Awards | 1273 |
Classes of Challenges | 1275 |
Grounds for Challenges | 1285 |
Extension by Contract of Judicial Review | 1300 |
Jurisdiction on Challenges | 1307 |
Law Applicable to Challenges | 1324 |
Full De Novo Review before a | 1339 |
The CPR Rules | 1345 |
Enforcement in the State of Origin | 1351 |
Enforcement Proceedings | 1359 |
Enforcement and Recognition in Other States | 1367 |
Forum Shopping | 1373 |
Distinction between Recognition and Enforcement | 1387 |
Opposition to Enforcement | 1395 |
Preventive Proceedings | 1402 |
State Immunity | 1414 |
Recognition and Enforcement under | 1417 |
Form Requirements | 1428 |
Grounds for Refusal to Enforce | 1440 |
Stay of Enforcement | 1453 |
International Public Law Arbitration | 1459 |
Tribunal for the Law of the Sea | 1472 |
Arbitration between States and Individuals | 1478 |
Arbitration the Brussels Convention and | 1483 |
The Brussels Convention | 1484 |
Consumer Protection | 1499 |
UNCITRAL Arbitration | 1505 |
The UNCITRAL Model Law | 1514 |
The UNCITRAL Guidelines | 1540 |
Investor State Arbitration The Washington | 1545 |
INTRODUCTION | 1547 |
The ICSID Additional Facility Rules | 1556 |
Nationality of the Investor | 1565 |
Treaty Claims and Contract Claims | 1572 |
Substantive Law | 1580 |
Foreign Investors Substantive Rights | 1586 |
Umbrella Clauses | 1599 |
Available Remedies | 1603 |
Investment under Other Multilateral Treaties | 1615 |
Arbitration of Commercial Disputes between | 1623 |
Arbitration under the Algiers Declarations | 1635 |
The Two Roles of the Tribunal | 1646 |
Commodity Arbitration | 1677 |
The Sports Arbitral Tribunal | 1683 |
Online Dispute Resolution | 1717 |
Online Arbitration Providers | 1723 |
Place Where Online Contracts Are Made | 1735 |
The Uniform Domain Name Dispute Resolution Process | 1746 |
Obstacles to Overcome | 1749 |
Court Interference | 1752 |
Insufficient Use ofDocumentsOnly and of Online Arbitration | 1758 |
The Continuous Search for Improvements | 1765 |
No Luxury Clinic | 1773 |
A Sole Arbitrator and Not a Panel | 1779 |
One SupraNational Court ofArbitration | 1788 |
Arbitration to Be Different and Better Than Court Proceedings | 1794 |
Articles on Arbitration | 1799 |
Other Articles | 1879 |
Other Textbooks | 1889 |
Table ofAwards | 1895 |
Table of Cases | 1915 |
2013 | |