Hardback, 468 pages
Edited by Andrea Carlevaris, Laurent Lévy, Alexis Mourre, Eric A. Schwartz
At a time when international arbitration is facing increasing challenges, this collection of 34 articles provides informed commentary by leading arbitration specialists on some of today’s most pressing subjects, including procedural efficiency, arbitrator independence and investor-state dispute settlement (ISDS). The book also contains thought-provoking articles on other discrete topics, as varied as arbitral appeal procedures, responsibilities of institutions, dissenting opinions, remission of awards, use of arbitration in disputes arising from mass disasters, and party representation by foreign lawyers, as well as studies on regional developments. These are all matters on which the authors – arbitrators, counsel and institutional leaders from around the world – are well-qualified to write, drawing on first-hand knowledge and experience, as well as exhaustive research, to offer analyses that are highly pertinent to the future of international arbitration. The book’s dedicatee, John Beechey, was President of the ICC International Court of Arbitration between 2009 and 2015, during which time he spearheaded many reforms likewise aimed at enhancing the efficiency, integrity and effectiveness of the arbitration process.
Advances in International Commercial Arbitration in Latin America during John’s Presidency of the ICC Court
Christian Albanesi
The Principle of Neutrality in International Arbitration
Stefano Azzali
International Commercial Arbitration: Present Challenges and Future Prospects
George A. Bermann
Anti-Suit Injunctions by ICC Emergency Arbitrators
Sébastien Besson
Whence and Whither International Arbitration?
Karl-Heinz Böckstiegel
The Bounds of Party Autonomy in Institutional Arbitration
Andrea Carlevaris
The Champagne Case: Lessons from an Arbitration with John
Yves Derains
Are Genuine Dissenting Opinions of Real Use?
Antonias Dimolitsa
Remission of Awards: Conditions and Consequences – A Review of Statute and Case Law
Simon Greenberg and Jason Fry
The Advantages of the ICC over ICSID in Investment Arbitrations
Hamid G. Gharavi
‘Fly Away on Wings of Wind’: The Case for Arbitrating Contribution and Indemnity Disputes
Karl Hennessee
Emergency Arbitrators and Interim Relief in International Commercial Arbitration
Doug Jones
ICC Arbitration from a CIS Perspective: If Not Faster and Cheaper, Why Choose It?
Vladimir Khvalei and Galina Zukova
The Gangnam Principles: A Blueprint for Efficiency in Arbitration
Kap-You (Kevin) Kim
Site Visits in ICSID Arbitration
Meg Kinnear and Randi Ayman
Shared Chambers: Much Ado About Nothing?
Peter Leaver
What Makes Challenges Challenging?
Marnix A. Leijten and Matthias L. Kuscher
Managing Time and Costs in International Commercial Arbitration
Wendy Miles
The Exposure of Institutions to Post-Award Lawsuits and Attacks
Salim Moollan
Harmonizing Contrary Ideas on Information Exchange in International Arbitration
Richard W. Naimark
A Few Words on Prolixity in International Arbitration
Constantine Partasides
A Call to Open the ICC Emergency Arbitrator Procedure to Investment Treaty Cases
Philippe Pinsolle
Where is Investor-State Arbitration Heading? Reflections on the Debate over EU Investor Protection Agreements
Luca G. Radicati di Brozolo
Documentary Disclosure in International Arbitration: The IBA Rules and the Redfern Schedule
Alan Redfern
Re-evaluating Provisional Measures through the Lens of Efficiency and Justice
David W. Rivkin
Solving Tensions between Expert Determination and Arbitration under M&A Contracts
Klaus Sachs
An Appellate Procedure in Arbitration? The Present State of Play
Antonio Sánchez-Pedreño Kennaird
Arbitration Advocates Sans Frontières: Lessons from Wellington to Nigeria
Audley Sheppard
Some Remarks on the Contribution of ICC Arbitrators to the Development of International Commercial Arbitration involving States and State Entities
Eduardo Silva Romero
Challenges and Responsibilities of Arbitral Institutions
Jacomijn J. van Haersolte-van Hof
Dispute Resolution under the New Mexican Energy Laws
Claus von Wobeser
Confidentiality of International Arbitration Proceedings in France: Some Reflections on the 2011 Amendment to the Code of Civil Procedure
Michael Young
Taking of Evidence in Arbitration: The Arab Experience
Nassib G. Ziadé
Merck Revisited: A Decision Ten Years Late
Eduardo Zuleta