Pervasive Problems in International ArbitrationIn a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985. These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include: and public policy; and mandatory rules; and confidentiality; and provisional measures; and res judicata; and costs; and amicus briefs; and groups of companies; and parallel proceedings; and and anti-suit injunctions.
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Contents
Introduction | 1 |
Chapter | 11 |
The Courts Perspective | 30 |
The Arbitrators Perspective | 42 |
Chapter 2 | 61 |
Choice between Reliance on Transnational Public Policy | 67 |
Hierarchy? | 74 |
Role of Conflict of Laws | 81 |
Similarities | 232 |
SGS v Pakistan | 244 |
Tokios Tokelés v Ukraine | 250 |
Chapter 16 | 255 |
Chapter 13 | 257 |
The Application of Treaty Interpretation Rules to Dispute | 262 |
Consistent and Other Solutions | 271 |
Chapter 14 | 279 |
Chapter 5 | 87 |
Chapter 4 | 89 |
Conclusion | 101 |
Cost Control and Effective Case Management | 103 |
The Reasons for the Increasing Costs of Arbitration | 112 |
Chapter 6 | 119 |
Nomination and Appointment of Arbitrators | 127 |
Standards in Respect of Expert Evidence | 138 |
Chapter 8 | 155 |
The Judicial Role in the Composition of the Tribunal | 165 |
Conclusion | 183 |
Complementary Mechanisms | 192 |
Conclusion | 200 |
The Inadequacy of AntiSuit Injunctions in International Arbitration | 208 |
Investment Arbitration and Commercial Arbitration | 217 |
Tentative Conclusions | 285 |
Chapter 15 | 291 |
Contractual Permissions and Restrictions | 298 |
Pending Arbitrations | 311 |
Conclusion | 318 |
The Amicus Role in International Arbitration | 321 |
Differential Impact on the Arbitrating Parties | 328 |
The Principles of Res Judicata and Lis Pendens | 334 |
Application of Doctrines in Recent International Cases | 340 |
Possible Solution to the Current Problems | 347 |
Conclusion | 355 |
The Binding Force of Insolvency Provisions for Courts | 361 |
Effects of Divestment and Substitution Provisions on Arbitration | 370 |
Conclusion | 376 |
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Pervasive Problems in International Arbitration Loukas A. Mistelis,Julian D. M. Lew Limited preview - 2006 |