Pervasive Problems in International Arbitration

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Loukas A. Mistelis, Julian D. M. Lew
Kluwer Law International B.V., 2006 M01 1 - 391 pages
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In 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 Tokel├ęs 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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