International Commercial Arbitration: Important Contemporary QuestionsA. J. van den Berg Kluwer Law International B.V., 2003 M01 1 - 518 pages The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties |
Contents
Karen Gough | 11 |
Tjaco T van den Hout | 21 |
The Requirement of a Written Form for an Arbitration Agreement | 29 |
Interim Measures of Protection | 43 |
Donald Francis Donovan | 16 |
Jacomijn van Haersoltevan | 10 |
Shavit Matias | 50 |
Aspects of Illegality in the Formation and Performance of Contracts | 19 |
Tytell | 314 |
THE PSYCHOLOGICAL ASPECTS OF DISPUTE RESOLUTION | 325 |
ARBITRATION UNDER INVESTMENT TREATIES | 353 |
viii | 366 |
Pierre Lalive | 376 |
Guillermo Aguilar Alvarez and William W Park | 392 |
Shuji Yanase | 426 |
David A R Williams | 444 |
Bernard Hanotiau | 21 |
Karen Mills | 48 |
Christoph Liebscher | 300 |
List of Participants | 481 |
List of ICCA Officers and Members | 511 |
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Common terms and phrases
agreed alleged annulment application arbitral award arbitral proceedings arbitral tribunal Arbitration Act 1996 arbitration agreement arbitration clause Arbitration Rules ARBITRATION UNDER INVESTMENT authority Bahrain Bilateral Investment Treaties BITs challenge Chapter 11 claim concerns conciliation conduct considered CONTEMPORARY QUESTIONS context contract corruption decision dispute resolution dispute settlement documents Druids effect evidence example expropriation final award foreign direct investment form requirement fraud Freshfields Bruckhaus Deringer grant Ibid ICC Rules ICCA illegality injunction Int'l interim measures interim relief international arbitration International Commercial Arbitration International Court international law interpretation Investment Disputes investment treaty arbitration investor investor-state issue judicial jurisdiction Justice matter measures of protection Metalclad Methanex NAFTA national courts negotiations oral parties procedure provides provisional measures Qatar recognition and enforcement reference relevant request respect Sect standard Street London Swiss Trade tribunal's Turkey UNCITRAL Model Law United writing York Convention