ISBN : 9780198783206
Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators brings together world-renowned international arbitration specialists - both practitioners and academics - who have never before appeared in the same volume. This book contains an invaluable collection of essays that provide expert guidance on some of the most recent developments and current issues in this burgeoning discipline, ranging from Professor William Park's hands-on explanation of international arbitration law to Professor Martin Hunter's recollections of past events and reflections on future trends. In between are essays by some of the most distinguished international arbitration practitioners and world-renowned academics that provide guidance on a broad spectrum of defining issues in the field. The volume is intended to commemorate the 100th anniversary of the Chartered Institute of Arbitrators - the first learned society in the world devoted to the teaching of arbitration.
Julio Cesar Betancourt: The Chartered Institute of Arbitrators (1915-2015)
I. International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions
1 William W Park: Explaining arbitration law
2 Karl-Heinz Bockstiegel: Experiences and suggestions regarding the functioning of international arbitration institutions
3 V V Veeder: The 2014 new LCIA rules: An introductory explanation
II. Understanding the Users of International Arbitration
4 Peter J Rees: Putting the client first
5 Mauro Rubino-Sammartano: How easy is it not to take adequate care of the proper expectations of the parties?
III. International Arbitration Agreements: Issues and Perspectives
6 Lord Saville: Some reflections on the making of international arbitration agreements for the resolution of commercial disputes
7 John J Barcelo III: Arbitrability decisions before, during, and after arbitration
8 Neil Kaplan and Olga Boltenko: The dangers of neglect: Governing law of arbitration agreements
9 Renato Nazzini: The law governing the arbitration agreement: A transnational solution?
10 Michael Young: Identifying the language of an arbitration when the arbitration clause is silent
IV. Arbitral Procedure and Procedural Misdemeanour
11 Hilary Heilbron: Is international arbitration becoming too confrontational and counterintuitive? And some guidelines as to how not to irritate a tribunal!
12 Elizabeth Snodgrass: Procedural efficiency in international commercial arbitration: Building it into the process
13 Lord Hacking and Sophia Berry: Ethics in arbitration: Party and arbitral misconduct
V. Emergency Arbitrators and Interim Relief
14 Doug Jones: Emergency arbitrators and court-ordered interim measures: Is the choice important?
15 Grant Hanessian: Legal standards applicable to deciding applications for interim relief
VI. Discovery and Document Production
16 Alexander Yanos: Discovery in arbitration: Can parties use 28 USC SC 1782 to circumvent the process ordered by the arbitral tribunal?
17 Mark McNeill and Margaret Clare Ryan: Meeting the requirements of article 3(3) of the IBA rules: Recommendations for successful requests for document production
VII. Witnesses and Perjury
18 Lawrence W Newman: Cross-examination of fact witness statements in international arbitration
19 Bernardo M Cremades: The expert witness in international arbitration
20 Audley Sheppard: Oaths and perjury
VIII. Arbitrators' Decision-Making Power and Arbitral Tribunals' Cessation of Functions
21 Margaret L Moses: Inherent and implied powers of arbitrators
22 Sebastien Besson: Good (and bad) initiatives of arbitrators: Where to draw the line between activism and passivity?
23 Thomas Schultz and Robert Kovacs: The law is what the arbitrator had for breakfast: How income, reputation, justice, and reprimand act as determinants of arbitrator behaviour
24 Greg Fullelove: Functus officio?
IX. Costs, Funding, and Ideas for Optimization
25 Michael O'Reilly: The harmonization of costs practices in international arbitration: The search for the Holy Grail
26 Joe Tirado, Daniel Meagher, and Arpan Gupta: The costs and funding of international arbitration
27 Marie Berard: 'Other costs' in international arbitration: A review of the recoverability of internal and third-party funding costs
28 Jeffrey Waincymer: Optimizing the use of mediation in international arbitration: A cost-benefit analysis of 'two hat' versus 'two people' models
X. Judicial Review, Judicial Performance, and Enforcement
29 Sir Bernard Rix: Judicial review of the merits of arbitration awards under English law
30 S I Strong: Improving judicial performance in matters involving international arbitration
31 Alex Mills: The principled English ambivalence to law and dispute resolution beyond the state
XI. Public Policy and Abuse of Process
32 Stavros Brekoulakis: Public policy rules in English arbitration law
33 David J Sandy: The role of abuse of process in protecting the integrity of arbitration awards
XII. International Arbitration: Myths and Perspectives
34 Gordon Blanke: Arbitration in the UAE: Demystifying the myths
XIII. Dispute Resolution in the Construction Industry
35 Thomas J Stipanowich: Managing construction conflict: Unfinished revolution, continuing evolution
36 Andrew Tweeddale and Keren Tweeddale: Shifting the burden of proof: Revisiting adjudication decisions
XIV. Final Reflections and Looking Ahead
37 Martin Hunter: Recollections of past events and reflections on future trends