Articles by ICCA Governing Board Members


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Nael Bunni, 1. “Personal Views on How Arbitral Tribunals Operate and Reach Their Decisions”, ASA Special Series No. 42, How Arbitral Tribunals Operate, Conference Proceedings, February 2013, JurisNet, 2014. by Prof. Dr. Nael G. Bunni (Dublin, Ireland)
01/08/2014
In International arbitration, there are more often than not three arbitrators of different nationalities, cultures, education and background. In most cases and under most arbitration rules, it is the duty of the arbitral tribunal, and in the first place its chairman, to prepare a case management scheme for the conduct of the arbitration on which the tribunal is appointed. In my view, case management should involve as a starting point a face to face preliminary meeting with the parties very soon after receiving the case file...
Nael Bunni, "Dispute Board in the Middle East" (DRBF Conference, Paris, 3-4 May 2013) by Prof. Dr. Nael G. Bunni (Dublin, Ireland)
01/08/2014
From their beginning, the pioneering Conditions of Contract issued by FIDIC in 1957 andlater editions up to 1992 provided an important source for contract conditions for civil and mechanical engineering projects in the Middle East. The prominent Clause 67 of the FIDIC Red Book provided for arbitration as the ultimate method of dispute resolution. However, in 1987, FIDIC introduced amicable settlement as an intermediate step in that process and in 1995, it introduced the concept of “Dispute Adjudication Board” in its Orange Book, as another step prior to arbitration, but before amicable settlement. This new concept was subsequently adopted in 1996 for use in the 1987 Red Book, as an alternative to the use of the Engineer as the Adjudicator, but with the added role of “Dispute Avoidance”.
Neil Kaplan, "If It Ain't Broke, Don't Change It", 80 Arbitration 2 (2014) Chartered Institute of Arbitrators. pp 172-175 by Mr. Neil Kaplan, CBE, QC, SBS (Hong Kong/United Kingdom)
10/07/2014
Newest is not always best. This article raises the issue as to whether in international arbitration we have gone too far in relying upon written submissions and the belief that all has been read and understood by the tribunal. A compromise between the two extremes is investigated.
Karl-Heinz Böckstiegel, "Practicial Issues and Perspectives of Investment Arbitration Involving Russian and CIS Parties" (Conference of International Dispute Resolution Involving Russian and CIS Companies, London, February 2014) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
26/05/2014
The organizers of this conference have asked me to provide some short comments on practical issues and future perspectives of investment arbitration from my experience as an arbitrator in such disputes. In the many investment arbitrations I have done in recent years, a considerable number involved parties from Russia and CIS countries, both involving the State or government or private companies in these countries.
Albert Jan van den Berg, "Should the Setting Aside of the Arbitral Award be Abolished?" ICSID Review 2014 by Officers and Members
23/04/2014
The text of the 2nd Karl-Heinz Böckstiegel Lecture of 13 September 2013 as adapted for publication examines the question on whether the setting aside of the arbitral award should be abolished.
Neil Kaplan, "Investment Arbitration's Influence on Practice and Procedure in Commercial Arbitration" Asian Dispute Review (October 2013) pp. 122-125 by Mr. Neil Kaplan, CBE, QC, SBS (Hong Kong/United Kingdom)
21/10/2013
This article discusses, by reference to examples, the growing influence of investor-State arbitration on international commercial arbitration. It is a modified version of an address given by the author at an evening event organised by HK45 at the HKIAC on 3 July 2013.
Bernard Hanotiau, "The Issue of Non-Signatory States" 23 The American Review of International Arbitration (2012 Nos. 3-4) by Prof. Dr. Bernard Hanotiau (Brussels, Belgium)
07/06/2013
This article analyses the arbitral case law dealing with the issue of whether and in what circumstances a non-signatory state may be considered a party to an arbitration agreement entered into by a state company or a state entity.
Karl-Heinz Böckstiegel, "Commercial and Investment Arbitration: How Different are they Today? (Lalive Lecture 2012), in 28 Arbitration International (2012, no. 4) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
16/05/2013
This text of the Lalive Lecture 2012, as adapted for publication, examines the common denominators and differences regarding the major aspects of commercial and investment arbitration.
Adriana Braghetta, "Polygamy of Treaties in Arbitration - A Latin American and MERCOSUL Perspective", in La Ley, Liber Amicorum Bernardo Cremades (Wolters Kluwer 2010) pp. 253-272 by Ms. Adriana Braghetta (São Paulo, Brazil)
16/05/2013
This paper explores arbitration as the natural method to solve disputes in the international scenario, particularly followings the 80s with the globalization of the economy.
Mohamed Abdel Raouf, "Analytical Study of the Egyptian Case law regarding the Setting Aside of Arbitral Awards", 11 Journal of Arab Arbitration (2008) pp. 123-148 (In Arabic) by Dr. Mohamed Abdel Raouf (Cairo, Egypt)
22/01/2013
This study analyses 200 unpublished judgments rendered by the Egyptian courts with respect to setting-aside motions filed against arbitral awards. (In Arabic)
Yves Fortier, "International Arbitration and the Argentine Cases: An Evaluation of 10 Years of Arbitration - Institutional Aspects" 6 World Arbitration & Mediation Review (2012, no.3) pp. 545-559 by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
22/01/2013
Mesdames, gentlemen, it is a privilege for me to be here with you today as part of this prestigious faculty of speakers and, in particular, to share this panel with Professor Alvarez. We have collectively been presented with a very challenging task. The sovereign debt crisis experienced by Argentina over a decade ago has given rise to serious questions concerning the adequacy of the institutions and norms that govern the resolution of international investment disputes, to address disputes such as those that have arisen from Argentina’s management of its financial crisis. These questions are all the more urgent in our present global financial climate. Indeed, the financial woes that most Western States have experienced over the past several years are far from over. I am thinking, in particular, of Greece, Spain, Portugal, Ireland, and Italy, each one of which may act to stabilize its economy, cause damage to international investors and add to ICSID’s docket. The past is therefore prologue, and the implications of our “stocktaking” exercise today are potentially more far-reaching than the Argentina cases.
Lucy Reed, "Arbitral Decision-making: Art, Science or Sport?" (Kaplan Lecture 2012, Hong Kong, 2 December 2012) by Ms. Lucy Reed (Singapore)
14/01/2013
The topic of my lecture tonight is how individuals make decisions; and most importantly to us, how arbitrators make decisions. I will not speak only about theory, but also about practicalities – how and why we as counsel can do better in putting our cases before arbitrators for decision.
Meg Kinnear and Aïssatou Diop, "Use of the Media by Counsel in Investor-State Arbitration" (ICCA Congress Series No. 13, 2006) by Ms. Meg Kinnear (Washington, D.C., USA)
22/01/2013
The article examines the role of public international law as the governing law in treaty-based arbitration
Mohamed Abdel Raouf, "How Should International Arbitration Tackle Corruption Issues?" (ISCID Review, Spring 2009) by Dr. Mohamed Abdel Raouf (Cairo, Egypt)
08/01/2013
This article reviews how international arbitrators are at present tackling corruption issues arising within the context of commercial and investments disputes.
Yves Fortier, "La nouvelle loi française sur l’arbitrage : vues d’Outre-Atlantique" (address delivered to Association Française de l'Arbitrage, September 2011, Paris). by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
03/02/2012
In this paper, Canadian arbitrator Yves Fortier discusses the 2011 amendments to French arbitration legislation, which has been characterised as "one of the most arbitration-friendly pieces of legislation conceivable".
Michael Hwang (with co-author Kevin Lim), "Corruption in Arbitration - Law and Reality" (expanded version of Herbert Smith-SMU Asian Arbitration Lecture, 4 August 2011, Singapore; forthcoming AIAJ) by Mr. Michael Hwang, SC (Singapore)
10/01/2012
This extensive article considers the legal and factual issues raised by corruption both in primary arbitral proceedings and arbitration-related court proceedings.
Karl-Heinz Böckstiegel (with co-authors S. Kröll and P. Nacimiento), "Germany as a Place for International and Domestic Arbitrations -- General Overview", Vol. 6(1) TDM (March 2009), republished here with kind permission from Kluwer Law and taken from the book "Arbitration in Germany" (Kluwer, 2008). by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
09/12/2011
This extract from the book "Arbitration in Germany: the Model Law in Practice" provides a complete overview of the legal framework, past and present practice, arbitration infrastructure and characteristic features of arbitration in Germany.
Teresa Cheng and Adrian Lai "Lessons Learned from the FG Hemisphere vs DRC and Huatianlong Case" by Ms. Teresa Cheng, GBS., S.C., JP. (Hong Kong)
09/12/2011
This paper discusses the issues of state immunity applicable in Hong Kong, and the position of the state-owned enterprise (Quoyou Qiye) of the People's Republic of China.
Karl-Heinz Böckstiegel, "Assumptions regarding Common Law versus Civil Law in the Practice of International Commercial Arbitration" (presentation, Frankfurt, Germany, 21/22 October 2010) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
24/10/2011
This edited version of introductory remarks made at a conference hosted by the German Institute of Arbitration (DIS) and Chartered Institute of Arbitrators (European Branch) in October 2010 asks the question: to what extent is there a divide or a convergence between the approaches to arbitration by Common Law jurisdictions versus Civil Law jurisdictions?
Albert Jan van den Berg, "Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration", in Mahnoush Arsanjani et al. (eds.), Looking to the Future: Essays on International Law in Honor of W. Michael Reisman by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
02/11/2011
This article analyzes current practice regarding dissenting opinions in investment arbitrations, concluding that "investment arbitration would function better and be more credible if party-appointed arbitrators observe the principle: nemine dissentiente".
Piero Bernardini, "ICSID versus non-ICSID Investment Treaty Arbitration" in Liber Amicorum Bernardo Cremades by Prof. Piero Bernardini (Rome, Italy)
11/02/2011
This article examines the reasons for investors' choice for ICSID or non-ICSID investment treaty arbitration and the differences between the two categories.
William W. Park, "Arbitrator Integrity: The Transient and the Permanent", in 46 San Diego Law Review, 629 (2009) by Prof. William W. Park (Cohasset, USA)
24/06/2010
This article emphasises the importance of maintaining the integrity of the arbitrator, and examines ethical standards for doing so
Jan Paulsson, "Moral Hazard in International Dispute Resolution" (Inaugural Lecture as holder of Michael R. Klein Distinguished Scholar Chair, University of Miami School of Law, 29 April 2010) by Prof. Jan Paulsson
24/06/2010
Professor Paulsson's inaugural lecture at the Miami School of Law examines "moral hazards" in the legal resolution of international disputes, with reference to certain practices of arbitrators and arbitral institutes.
William W. Park, "Arbitrators and Accuracy" in 1(1) Journal of International Dispute Settlement, 25 (2010) by Prof. William W. Park (Cohasset, USA)
21/06/2010
The proposition of this article is that an arbitrator's primary duty is the delivery of an accurate award, resting on a reasonably ascertainable picture of reality.
Jan Paulsson, "Unlawful Laws and the Authority of International Tribunals" (Lalive Lecture, Geneva, 27 May 2009), in 23(2) ICSID Review/FILJ (2008) by Prof. Jan Paulsson
21/06/2010
This article examines some of the issues that arise in applying norms of national and international law, noting the need to pay due regard to the norms of national law as a whole.
Albert Jan van den Berg, "Enforcement of Arbitral Awards Annulled in Russia: Case Comment on Court of Appeal of Amsterdam, April 28, 2009", 27(2) Journal of International Arbitration, 179 (2010) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
21/06/2010
This article examines the Amsterdam Court of Appeal's 28 April 2009 decision granting enforcement of four arbitral awards annulled by Russian courts under the New York Convention; the author concludes that the Court of Appeal's reasoning is at odds with the New York Convention.
Jan Paulsson, "Arbitration in Three Dimensions", LSE Law, Society and Economy Working Papers 2/2010, London School of Economics and Political Science, Law Department, published at www.lse.ac.uk/collections/law/wps/wps.htm by Prof. Jan Paulsson
15/03/2010
This paper examines the philosophical basis of modern arbitration, concluding that it is a complex, three-dimensional form of pluralism, in which legal orders are not exclusively those of States and may overlap.
Michael Hwang, "Defining the Indefinable: Practical Problems of Confidentiality in Arbitration", 26(5) Journal of International Arbitration, (2009) pp. 609-645 (with co-author Katie Chung) by Mr. Michael Hwang, SC (Singapore)
22/01/2010
This article examines both the theory and the global practice (in both national legislation and arbitration rules) with regard to confidentiality in arbitration.
Michael Hwang, "Survey of South East Asian Nations on the Application of the New York Convention", 25(6) Journal of International Arbitration, (2008), pp 873-892 (with co-author Shaun Lee) by Mr. Michael Hwang, SC (Singapore)
22/01/2010
This article surveys arbitration legislation in South East Asian nations, examining court intervention in setting aside proceedings and in the application of Article V of the New York Convention in enforcement proceedings.
Giorgio Bernini, "International Arbitration, a Contemporary Perspective" (Lecture delivered in Bologna, 5 June 2008) by The Hon. Giorgio Bernini (Bologna, Italy)
22/01/2010
This article examines some of the general features of the current international arbitration system.
Pierre Lalive "Absolute Finality of Arbitral Awards ?"in Revista Internacional de Arbitragem e Conciliaçao-Año I-2008 (Associação Portuguesa de Arbiatragem, Ed. Almedina, Coimbra, 2009), pp. 109-127. by Prof. Dr. Pierre Lalive (Geneva, Switzerland)
22/01/2010
In this article, Professor Lalive examines the competing values of finality and correctness of arbitral awards, referring to concrete commercial cases and to the ICSID system.
William W. Park, "Treaty Obligations and National Law: Emerging Conflicts in International Arbitration" in 58 Hastings Law Review 251 (2006) (with co-author Alexander Yanos) by Prof. William W. Park (Cohasset, USA)
17/11/2009
This examination of recent United States case law highlights emerging tensions between treaty obligations and national law in the recognition of arbitral awards.
William W. Park, "Respecting the New York Convention" in 18 (2) ICC Court of Arbitration Bulletin 65 (2007) by Prof. William W. Park (Cohasset, USA)
17/11/2009
This article examines the contours of national respect for the New York Convention by examining recent divergent strands of case law.
Giorgio Bernini, "Setting aside an arbitral award with a reference to recent judgments of the Italian Court of Cassation" in Journal of Arbitration (forthcoming) by The Hon. Giorgio Bernini (Bologna, Italy)
10/11/2009
This is an overview of the grounds for setting aside in Art. 829 of the Italian Code of Civil Procedure, as interpreted in recent judgments of the Italian Court of Cassation.
Giorgio Bernini, "Challenge of an arbitrator, with a reference to recent judgments of the Italian Court of Cassation" in Journal of Arbitration (forthcoming) by The Hon. Giorgio Bernini (Bologna, Italy)
06/11/2009
This is a brief note regarding Art. 815 of the Italian Code of Civil Procedure, as interpreted in three recent decisions of the Italian Court of Cassation.
William W. Park, "Procedural Default Rules Revisited" in Arbitration Insights 331 (J. Lew & L. Mistels, eds. 2006) by Prof. William W. Park (Cohasset, USA)
10/11/2009
This article explores three procedural aspects of arbitration practice: the use of professional guidelines, resort to national law to fill gaps and increased awareness of the need for ground rules at the start of proceedings.
William W. Park, "Two Faces of Progress: Fairness and Flexibility in Arbitral Procedure" in 23 Arb. Int’l 499 (2007) by Prof. William W. Park (Cohasset, USA)
06/11/2009
In this article, the author examines two themes in the legal framework of arbitration -- arbitrator discretion and constraint -- through the prism of Sections 34 and 68 of the English Arbitration Act 1996.
William W. Park, "The Procedural Soft Law of International Arbitration: Non-Governmental Instruments" in Pervasive Problems in International Arbitration 141 (L. Mistelis & J. Lew, eds. 2006) by Prof. William W. Park (Cohasset, USA)
06/11/2009
This book chapter explores the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings -- the "soft law" of international arbitration.
William W. Park, "Non-signatories and International Contracts: An Arbitrator’s Dilemma" in Multiple Party Actions in International Arbitration 3 (2009) by Prof. William W. Park (Cohasset, USA)
02/11/2009
This article addresses the issue of joining non-signatories to an arbitration, in which case arbitrators often look to theories related to implied consent and lack of corporate personality.
Giorgio Bernini, "La giustizia paralizzata: abbozzo di una terapia" in 2 Carriere & Professioni Giustizia 214 (2009) by The Hon. Giorgio Bernini (Bologna, Italy)
02/11/2009
The excessive length of proceedings before the Italian courts and some theoretical and practical suggestions on solving this chronic problem are the subject matter of this article.
David A.R. Williams QC:, "Arbitration and Dispute Resolution" in New Zealand Law Review 99 (2009) (with co-author Amokura Kawharu) by Mr. David A. R. Williams, Q.C. (Auckland, New Zealand)
02/11/2009
This review of arbitration topics in New Zealand addresses the Arbitration Amendment Act 2007 and the changes it has made, the newly introduced appropriately restrictive test to be applied when special leave is sought in relation to questions of law arising out of an award and the growing importance for New Zealand of investment treaty arbitration.
Karl-Heinz Böckstiegel, "Past, Present, and Future Perspectives of Arbitration" in 25 Arbitration International 293 (2009) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
20/10/2009
This article is an adaptation of the Patron's Address at the Chartered Institute of Arbitrators conference in Kuala Lumpur, Malaysia, in October 2008, and includes thoughts on past and future aspects of international arbitration practice from the perspective of the arbitrator.
Giorgio Bernini, "L’arbitrato nella composizione delle trust disputes: un valore aggiunto" in 5 Notariato 520 (2009) by The Hon. Giorgio Bernini (Bologna, Italy)
20/10/2009
This article examines the role of arbitration in the implementation of trusts and the effect of arbitration clauses in trust deeds on third party beneficiaries.
William W. Park, "Framing the Case on Quantum" in Damages in International Arbitration, 2 World Arbitration & Mediation Review 59 (2008) by Prof. William W. Park (Cohasset, USA)
20/10/2009
This address introduces some of the divergent approaches to quantum of damages in international investment law, focusing on the legality of expropriation.
Pieter Sanders, "The Revision of the UNCITRAL Arbitration Rules" (2009) by Pieter Sanders (Schiedam, The Netherlands)
04/09/2009
In this article, Professor Sanders shares his personal views on the current stage of the UNCITRAL Rules revision process.
Jan Paulsson, “Unlawful Laws and the Authority of International Tribunals” (2009 Lalive Lecture, Geneva, 27 May 2009) by Prof. Jan Paulsson
30/06/2009
This lecture examines the role of national law in resolving international disputes, arguing that arbitrators have a duty to apply national law in the broadest sense, including its most fundamental norms.
William W. Park, "Procedural Evolution in Business Arbitration: Three Studies in Change" in Arbitration of International Business Disputes (2006), p. 1 by Prof. William W. Park (Cohasset, USA)
13/10/2009
This article examines the evolution of business arbitration in the last 50 years by examining three case studies in change: judicial review of commercial awards under national arbitration statutes; the treaty foundations of arbitral power over international investment disputes; and the norms governing the conduct of arbitral proceedings.
William W. Park, "The Arbitrator's Jurisdiction to Determine Jurisdiction" in 13 ICCA Congress Series (2006) p. 55 by Prof. William W. Park (Cohasset, USA)
28/04/2009
This article was first delivered as a lecture at the ICCA Congress in Montreal in 2006 and takes a fresh look at the doctrine of kompetenz-kompetenz.
William W. Park, "Arbitration's Protean Nature: The Value of Rules and the Risks of Discretion", in 19(5) Mealey's International Arbitration Report (2004), p. 1 (adapted from Freshfields Lecture, London, December 2002) by Prof. William W. Park (Cohasset, USA)
13/10/2009
This lecture suggests that the absence of specific procedural protocols in international arbitration practice may damage the legitimacy of the dispute resolution process.
William W. Park, "Rules and Standards in Private International Law", 73 Arbitration (2007) p. 441 by Prof. William W. Park (Cohasset, USA)
28/04/2009
This review of the 14th edition of "Dicey, Morris and Collins, The Conflict of Laws" (edited bySir Lawrence Collins, Gen. Ed.), concludes that this classic work remains the gold standard in texts on conflicts of laws.
William W. Park, "Arbitrability and Tax" in Mistelis, L. & Brekoulakis, S. (eds), Arbitrability: International & Comparative Perspectives (2009) p. 179 by Prof. William W. Park (Cohasset, USA)
28/04/2009
This article examines the arbitrability of tax measures in the context of bilateral investment treaties, and seeks to distinguish legitimate from illegitimate taxes.
Gabrielle Kaufmann-Kohler and Victor Bonnin, “Arbitrators as Conciliators: A Statistical Study of the Relation between an Arbitrator’s Role and Legal Background” in 18(2) ICC Bulletin (2008); also available in ICC DRL, see http://www.iccdrl.com (2008) by Prof. Dr. Gabrielle Kaufmann-Kohler (Geneva, Switzerland)
15/04/2009
This article sets out whether the legal background of an arbitrator plays a role in his or her inclination to intervene to encourage settlement. It notes that the practice of courts in different jurisdictions varies significantly in this respect.
Gabrielle Kaufmann-Kohler “Arbitral Precedent: Dream, Necessity or Excuse?” (2006 Freshfields Lecture, London, 14 November 2006) by Prof. Dr. Gabrielle Kaufmann-Kohler (Geneva, Switzerland)
15/04/2009
In exploration of the question whether a doctrine of precedent exists in arbitration, this lecture compares the practice of arbitrators in commercial, sport and investment arbitration and the reasons behind following precedents. In distinguishing...
Gabrielle Kaufmann-Kohler, “Is Consistency a Myth” in Precedent in International Arbitration (E. Gaillard and Y. Banifatemi, eds., 2008) by Prof. Dr. Gabrielle Kaufmann-Kohler (Geneva, Switzerland)
15/04/2009
This paper explores the existence of and need for consistent and logically coherent case law in investment arbitration. It observes that consistent case law exists on certain issues (e.g. certain aspects of the fair and equitable treatment standard and...
Gabrielle Kaufmann-Kohler and Fan Kun, “Integrating Mediation into Arbitration: Why It Works in China” 25(4) Journal of International Arbitration (2008) by Prof. Dr. Gabrielle Kaufmann-Kohler (Geneva, Switzerland)
15/04/2009
The article looks at the overall predominance of mediation in China in light of its specific historical, cultural and political background and how it impacts the contemporary practice of integrating mediation into arbitration. It reviews the practice...
Gabrielle Kaufmann-Kohler “Global Implications of the FAA: the Role of Legislation in International Arbitration” (American Arbitration Association Federal Arbitration Act at 80 Anniversary Lecture Series, Dublin, 20 May 2005) by Prof. Dr. Gabrielle Kaufmann-Kohler (Geneva, Switzerland)
15/04/2009
Using the FAA as the basis, this article explores the implications of globalization on arbitration and the resulting shift of power away from states to private actors in regulating it. Traditionally, legislation has provided arbitration with legitimacy...
Pierre Lalive, “Q&A with Professor Pierre Lalive” 3(5) Global Arbitration Review (2008) p.1 by Prof. Dr. Pierre Lalive (Geneva, Switzerland)
10/04/2009
Personal reflections on his career and the future of international arbitration practice.
Pierre Lalive, “On the Transfer of Seat in International Arbitration, Law and Justice in a Multistate World”, Essays in Honor of Arthur T. von Mehren (Nafziger and Symeonides eds., 2002) p. 515 by Prof. Dr. Pierre Lalive (Geneva, Switzerland)
21/04/2009
Analyzing recent practice on transferring the seat of arbitration and advocating the entitlement of a tribunal to transfer the seat where it becomes unduly difficult to continue an arbitration at the agreed place.
Karl-Heinz Böckstiegel, “Enterprise v. State: The New David and Goliath?” (Clayton Utz Lecture, Sydney) in 23 Arbitration International (2007) p. 93 by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)
15/04/2009
Examining a number of specific procedural and substantive considerations raised by the participation of private enterprises as claimants against states in international arbitrations.
Jan Paulsson, “Enclaves of Justice” (Lecture given at the Rule of Law Conference, University of Richmond School of Law, 12 April 2007) by Prof. Jan Paulsson
21/04/2009
Is the Rule of Law a "Misrule of Law"? Analysis of the Rule of Law. Possible solutions for judicial corruption.
Jan Paulsson, “Arbitration Unbound: Award Detached from the Law of its Country of Origin” International and Comparative Law Quarterly (April 1981) p. 358 by Prof. Jan Paulsson
15/04/2009
May the arbitral process, in the context of international commerce, be detached from the legal system of the country where the proceedings take place?
Jan Paulsson, “Arbitration Without Privity” 10(2) ICSID Review – Foreign Investment Law Journal p. 232 (Fall 1995) by Prof. Jan Paulsson
21/04/2009
A new territory for international arbitration: investment arbitration before ICSID, a further look at NAFTA and the Energy Charter Treaty as focal points for other such treaties, and also national laws and bilateral investment treaties (BITs).
Jan Paulsson, “Ghosts of Chorzów. Maha Nuñez-Schultz v. Republic of the Americas” in International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (Todd Weiler, ed. 2009) by Prof. Jan Paulsson
23/04/2009
Analysis of the hypothetical case Maha Nuñez-Schultz v. Republic of the Americas and the hypothetical decision rendered by “the Supreme Court of the Americas” in the year 2254.
Jan Paulsson, “Jurisdiction and Admissibility” in Global Reflections on International Law, Commerce and Dispute Resolution, Liber Amicorum in honour of Robert Briner (2005) p. 601 by Prof. Jan Paulsson
21/04/2009
The importance of the distinction between the two concepts, the risk of confusing these two and the consequences thereof. Also available in ICC DRL, see http://www.iccdrl.com
Michael Hwang, “Why is There Still Resistance to Arbitration in Asia?”, lecture delivered at The International Arbitration Club, Table Talk (Autumn 2007) by Mr. Michael Hwang, SC (Singapore)
23/04/2009
Analysis of resistance that arbitrators in Asia are likely to encounter, disclaiming any intention to declare this anything more than a subjective, unscientific and generalized overview. Also available in ICC DRL, see http://www.iccdrl.com
Michael Hwang and Andrew Chin, “Discovery in Court and Document Production in International Commercial Arbitration-Singapore” ICC Bulletin 2006 Special Supplement, Document Production in International Arbitration, p. 33 (2006) by Mr. Michael Hwang, SC (Singapore)
23/04/2009
Legal rules governing the process of discovery in court proceedings, orders for document production in international arbitrations by arbitral tribunals in Singapore and the relationship between the two. Also available in ICC DRL, see http://www.iccdrl.co
Michael Hwang and Yeo Chuan Tat, “Recognition and Enforcement of Arbitral Awards” in The Asian Leading Arbitrators Guide to International Arbitration (Michael Pryles and Michael J. Moser, eds. 2008) p. 407 by Mr. Michael Hwang, SC (Singapore)
15/04/2009
The recognition and enforcement of arbitral awards in comparison to foreign court judgments within the legal framework of Treaties and Conventions followed by an analysis of practices in Asian countries and the existing problems.
Yves Fortier, “The Occasionally Unwarranted Assumption of Confidentiality”, 15 Arbitration International, p. 131 (1999) by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
21/04/2009
The principle of confidentiality in arbitrations: inclusion of confidentiality provisions in rules of procedure and/or contractual clauses.
Yves Fortier, “Arbitrability of Disputes" in Global Reflections on International Law, Commerce and Dispute Resolution: Liber Amicorum in Honor of Robert Briner (Gerald Atkins, et al eds., 2005) p. 269 by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
23/04/2009
The issue of arbitrability: how State courts draw the line between arbitrable and non-arbitrable disputes on the basis of two distinct policy objectives. Also available in ICC DRL, see http://www.iccdrl.com
Yves Fortier, “Arbitrating in the Age of Investment Treaty Disputes”, 31 (1) The University of Southern Wales Law Journal (2008) by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
21/04/2009
Arbitration for disputes in the investor-state context: the tension between privacy and confidentiality on the one hand and the public interest in the transparency of such disputes on the other hand.
Yves Fortier, “Interim Measures: An Arbitrator’s Provisional View” (lecture delivered at the Fordham Law School Conference on International Arbitration and Mediation, New York (6 June 2008) by Mr. L. Yves Fortier, C.C., Q.C. (Quebec, Canada)
21/04/2009
Interim measures in investor-state arbitration: the binding nature of an interim measure and the influence of the sovereign character of a State party to an arbitration.
Martin Hunter, “Techniques for Eliciting Expert Testimony: Expert Conferencing and New Methods” (presentations to 18th ICCA Congress, Montreal 2006) by Prof. Martin Hunter (London, United Kingdom)
15/04/2009
The article was published in the ICCA Congress series, Montreal, 2006 and deals with expert conferencing and new methods for eliciting expert testimony.
Martin Hunter “Reflections on Advocacy and the Art of Persuasion”, The Litigator, p. 275 (1995) by Prof. Martin Hunter (London, United Kingdom)
23/04/2009
This article is about the art of persuasion and examines the process in which advocates consciously or unconsciously seek to establish rapport with the person he or she is trying to persuade, with particular focus on advocacy in international arbitration.
Martin Hunter and Alexei Barbuk, “Reflections on the Definition of an Investment” in Liber Amicorum in honor of Robert Briner (2008) by Prof. Martin Hunter (London, United Kingdom)
23/04/2009
In this paper the authors analyze the difficulties of achieving an adequate definition of the term “investment” for the purposes of bilateral investment treaties and multilateral treaties. Also available in ICC DRL, see http://www.iccdrl.com
Martin Hunter and Gui Conde e Silva “Transnational Public Policy and its Application in Investment Arbitrations”, 3 The Journal of World Investment (2003) p. 367 by Prof. Martin Hunter (London, United Kingdom)
23/04/2009
In this paper, the authors analyze the impact of the concept of transnational public policy and its application by arbitrators in the field of investment treaty dispute.
Jan Paulsson, “El poder de los Estados para hacer promesas significativas a los extranjeros”, 6(21) Revista de Economía y Derecho (2009) p. 7 by Prof. Jan Paulsson
01/07/2009
Los Estados tienden a molestarse cuando un extranjero alega que han violado obligaciones legales. Los Estados se irritan aún más cuando deben defenderse ante una corte o un tribunal internacional. ¿Es esto una violación de su soberanía? ...
Piero Bernardini, “The Role of the International Arbitrator”, 20 (2) Arbitration International, p. 113 (2004) by Prof. Piero Bernardini (Rome, Italy)
23/04/2009
The quality of the arbitral process is a reflection of the independence and the impartiality of the arbitrator.
Francisco Orrego Vicuña, “Changing Approaches to the Nationality of Claims in the Context of Diplomatic Protection and International Dispute Settlement” (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
15/04/2009
The well deserved series of colloquiums and studies organized to honor Doctor Ibrahim Shihata with occasion of his retirement as Vice President and Legal Counsel of the World Bank, have provided an important opportunity to examine the trends that...
Francisco Orrego Vicuña, “Regulatory Authority and Legitimate Expectations: Balancing the Rights of the State and the Individual under International Law in a Global Society”, lecture in honor of Sir Hersch Lauterpacht at The Research Centre for International Law, Cambridge University (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
15/04/2009
In the lectures in honor of Sir Hersch Lauterpacht recently delivered by this author at the Research Centre for International Law of Cambridge University, it was concluded that dispute settlement in the new century will be characterized by three...
Francisco Orrego Vicuña, “New Issues in the Settlement of Disputes of International Investments” (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
21/04/2009
Whoever drafted the text of the first bilateral investment treaty could not have imagined how popular his or her work would become. It has been copied by the thousands and found its way into over 2000 treaties today in force, in addition to it being...
Francisco Orrego Vicuña, “Lis Pendens Arbitralis” (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
21/04/2009
Parallel and competing proceedings between international courts and tribunals, just as between international and domestic tribunals, is not a new phenomenon but certainly one that is gaining in recurrence. This is turn is the inevitable consequence of...
Francisco Orrego Vicuña, “From Preston to Prescott: Globalizing Legitimate Expectation” (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
15/04/2009
Two principal concepts have come to dominate the legal approach to the review of administrative acts by the judiciary. A long-standing tradition has established the discretionary nature of acts of the administration, what generally meant that such acts...
Francisco Orrego Vicuña, “Carlos Calvo, Honorary NAFTA Citizen” (Key-note remarks made at the Conference on Regulatory Expropriations in International Law, New York, at University School of Law, April 26, 2002) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
15/04/2009
It is common knowledge that international judges and arbitrators often have great pain in finding who is right and who is wrong in a given case. One can be persuaded at first by the views of one party only to find later that the arguments of the other...
Francisco Orrego Vicuña, “Arbitrating Investment Disputes” (2008) by Prof. Francisco Orrego Vicuna (Santiago, Chile)
15/04/2009
Investment arbitration has become one of the central features of contemporary legal practice for counsel, government officials and arbitrators. It has also meant the development of specialized institutions...
Michael Pryles, “Limits to Party Autonomy in Arbitral Procedure” (2008) by Prof. Dr. Michael Pryles, AM, PBM (Melbourne, Australia)
15/04/2009
Recently I was involved in an ICC case where an interesting question arose concerning party autonomy and the freedom of the parties to designate time limits. The arbitration in question had been proceeding for some time. After drawing up the Terms ...
Michael Pryles, “Lost Profit and Capital Investment” (2008) by Prof. Dr. Michael Pryles, AM, PBM (Melbourne, Australia)
21/04/2009
The aim of damages is to compensate a claimant for the loss it has suffered at the hand of the respondent. In expropriation cases, the claimant must be provided with the pecuniary value of the asset(s) taken...
Michael Pryles, “Confidentiality” (2008) by Prof. Dr. Michael Pryles, AM, PBM (Melbourne, Australia)
15/04/2009
Within the last decade confidentiality has become an important topic in arbitration. Many articles have been written and analyses undertaken. Common assumptions have been questioned and it is apparent the subject is more complex, obscure and less...
Michael Pryles, “Multiple Claims in Arbitrations Between the Same Parties” (2008) by Prof. Dr. Michael Pryles, AM, PBM (Melbourne, Australia)
15/04/2009
When a dispute arises between parties there may be a multitude of claims which are made. International commercial relations are becoming ever more complex. Often there are long term relationships involved, perhaps with framework and ancillary contracts. M
Michael Pryles, “Application of the LEX Mercatoria” (2008) by Prof. Dr. Michael Pryles, AM, PBM (Melbourne, Australia)
21/04/2009
The lex mercatoria conjures up romantic notions of ancient law and practices adopted by merchants in medieval times...
Antonio Parra, “The Development of the Regulations and Rules of the International Centre for Settlement of Investment Disputes” 22(1) ICSID Review – Foreign Investment Law Journal, p. 55 (2007) by Mr. Antonio R. Parra (Washington D.C., USA)
21/04/2009
The ICSID Regulations and Rules were first adopted some 40 years ago. Numerous amendments have since been made to them. This paper explains all of the amendments and their background, showing how, within the constraints of its Convention, ICSID has sought
Emmanuel Gaillard, “International Arbitration 2006: Back to Basics?” (2008) by Prof. Dr. Emmanuel Gaillard (Paris, France)
21/04/2009
The fact that the mechanism of anti-suit injunctions—in this instance, antiarbitration injunctions—originates from common law systems in no way means that the disruption of the arbitral process is specific to those systems. Courts in civil law...
Emmanuel Gaillard, “Transnational Law: A Legal System or a Method of Decision Making?” 17(1) Arbitration International, p. 54 (2007) by Prof. Dr. Emmanuel Gaillard (Paris, France)
15/04/2009
AFTER SOME 35 years of legal debate aid countless applications of transnational rules by international arbitrators since far before the debate over the concept even began...remain such a divisive issue in the world of international arbitration
Emmanuel Gaillard, “Investments and Investors Covered by the Energy Arbitration Treaty” in Investment Arbitration and the Energy Charter Treaty (Clarissa Ribero, ed., 2006) p. 54 by Prof. Dr. Emmanuel Gaillard (Paris, France)
21/04/2009
Investments and Investors Covered by the C. Which "Investments" are Protected Under the Treaty?. Which "Investors" are Protected Under the Treaty?
Antonio Parra, “Enforcement of ICSID Awards” (2008) by Mr. Antonio R. Parra (Washington D.C., USA)
15/04/2009
This paper discusses the regime for the enforcement of arbitral awards rendered pursuant to the ICSID Convention. The paper also reviews the generally positive record of compliance with ICSID arbitral awards.
Jan Paulsson, “International Arbitration is Not Arbitration”, 2 (2008) Stockholm International Arbitration Review (2008) p. 1 by Prof. Jan Paulsson
15/04/2009
This article is adapted from a presentation made by Jan Paulsson for the John E.C. Brierley Memorial Lecture at McGill University in Montreal, Canada on 28 May 2008.
Albert Jan van den Berg, “The Draft Dublin Convention 2008 – An Explanation of the Proposed Changes” in Plenary Session Dublin Conference (2008) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
15/04/2009
An explanatory note regarding the proposed changes to the New York Convention 1958 as presented by Prof. Dr. Albert Jan van den Berg during the Plenary Session of the ICCA Conference, Dublin, 2008.
Albert Jan van den Berg, “The Draft Dublin Convention 2008 – A Comparison of the New York Convention 1958 and What is Proposed” in Plenary Session Dublin Conference (2008) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
15/04/2009
A comparison of the New York Convention 1958 with the proposed revision as proposed by Prof. Dr. Albert Jan van den Berg at the Plenary Session of the ICCA Conference in Dublin, June 2008.
Albert Jan van den Berg, “The Draft Dublin Convention 2008 – What the ‘New’ New York Convention Could Look Like...” in Plenary Session, 16th ICCA Congress (Dublin 2008) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
15/04/2009
Dubbed the "Dublin Convention 2008" by Teresa Cheng S.C., Prof. Dr. Albert Jan van den Berg's polemic "new" New York Convention 1958, as presented at the Plenary Session of the ICCA Conference in Dublin in June 2008.
Albert Jan van den Berg, “An Overview of the The New York Convention of 1958” (2008) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
15/04/2009
This Overview is based on the most recent Commentary (published in Yearbook Vol. XXVIII (2003)) and the more than 1,300 court decisions reported and referenced in the Yearbook.
Albert Jan van den Berg, “New York Convention of 1958: Refusals” (2009) by Prof. Dr. Albert Jan van den Berg (Brussels, Belgium)
15/04/2009
A review of refusals of enforcement under the New York Convention up to 2007. "also available in ICC DRL, see http://www.iccdrl.com"