ASIL-ICCA Task Force Report on Issue Conflicts in Investor-State Arbitration
This tool is based on our prestigious and authoritative International Handbook on Commercial Arbitration, otherwise known as the ICCA Handbook.
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Since 1976, the Yearbook Commercial Arbitration has been a major source of information concerning international arbitration jurisprudence. Published under the guidance of the General Editor, Professor Dr. van den Berg, and with the assistance of the Permanent Court of Arbitration, the Yearbook provides an annual update on key developments including: institutional and ad hoc arbitral awards, court decisions on arbitration from around the world, court decisions on major multilateral arbitration conventions, commentary on the court decisions on the New York Convention 1958, updates on developments in arbitration law and practice, an investment treaty awards and decisions digest and a bibliography of the latest texts.
Covering arbitral law and practice in over 70 countries, the International Handbook on Commercial Arbitration is an essential tool for anyone practising in international arbitration across multiple jurisdictions. Published under the leadership of General Editor, Jan Paulsson, and with the assistance of the Permanent Court of Arbitration, the Handbook contains authoritative country reports prepared by leading arbitrators, academics and practitioners on national arbitral practice, as well as the relevant national legislation (in English).
Since its first conference in 1961, the ICCA Conferences and Congresses have established themselves as a place for the discussion of emerging ideas, the fundamentals and the contentious topics in international arbitration. In 1982, ICCA Publications began presenting the conference papers from this biennial conference in the Congress Series.
ICCA publications - the Yearbook Commercial Arbitration, the International Handbook on Commercial Arbitration and the Congress Series - can be found on the Kluwer Arbitration website. Access to Kluwer Arbitration is limited to subscribers. Click here to visit KluwerArbitration.com.
The Guide is a clear, concise yet inclusive handbook, written in plain language, on the essential aspects of the scope, interpretation and application of the Convention. Though principally aimed at judges determining applications under the Convention, the Guide, which benefits from the extensive practical and academic experience of its authors (prominent arbitrators and ICCA members) will also be of interest to students, teachers and practitioners as an introduction to the Convention.
The ICCA Reports publish occasional papers prepared by ICCA interest groups and project groups, in the hope that they will stimulate discussion and debate in our field.
As cases have become more complex and amounts in dispute have increased, the open use and ready acceptance of arbitral secretaries has grown. For most arbitral tribunals, the secretary takes on many tasks beyond the purely administrative - a development that some view as controversial. Young ICCA formed the Task Force on the Use and Appointment of Arbitral Secretaries to consider the views of the international arbitration community on the issue of arbitral secretaries and to develop a transparent and robust approach to their use and appointment. This approach is codified in the Young ICCA Guide on Arbitral Secretaries.
The ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders is a collection of boilerplate clauses that we invite you to consider, copy or adapt for use in your arbitral proceedings. Prepared by a Drafting Committee of ICCA members, the ICCA Sourcebook is our attempt to make the language of procedural orders available to a wider audience. The ICCA Sourcebook covers only logistical issues: matters that tend not to be addressed by arbitration rules and laws. It is not a best practices guide - instead we hope you will find it a helpful starting point for your own drafting.
This Volume of the ICCA Reports publishes the Report of the Joint Task Force on Issue Conflicts in Investor-State Arbitration established in November 2013 between ICCA and the American Society of International Law’s Howard M. Holtzmann Center. The Task Force was composed of a diverse group of leading experts from a wide range of professional backgrounds, including arbitrators, counsel, members of arbitral institutions, and academics. The Report was prepared by the Task Force Co-Chairs, Laurence Boisson de Chazournes and John R. Crook, with the assistance of reporters Christian Leathley, Ina Popova, and Ruth Teitelbaum. It is based on the work of the Task Force, comments received on a publicly available discussion draft of the Report, and multiple public consultations over a two-and-a-half year period. We hope that the Report will assist all stakeholders not only in the evaluation and practical resolution of potential challenges, but also in reflecting on the fundamentals of the investor-State arbitration system itself.
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