ISBN : 9780198729037
Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.
1 The Law Applicable to Procedural Issues; 2 The First Procedural Order; 3 Provisional Measures in Investment Arbitration; 4 Challenges to Arbitrators, Counsel, and Experts in Investment Arbitration Proceedings; 5 The Splitting of Issues for Separate Determination (Bifurcation/Trifurcation); 6 Non-Disputing Party Participation and Transparency; 7 Evidentiary Issues Arising in the Investment Arbitration Context; 8 Hearing Procedures in Investment Arbitration Proceedings; 9 Other Procedures in Investment Arbitration Proceedings; 10 Statements or Submissions on Costs; 11 Post-Award Applications; Appendices; 1 Draft Procedural Order No. 1; 2 Decisions on Provisional Measures Requests in ICSID and UNCITRAL Arbitrations; 3A Decisions on Challenges to Arbitrators in ICSID Arbitrations; 3B Challenges to Arbitrators in UNCITRAL Arbitrations; 3C Challenges to Experts and Counsel in ICSID Arbitrations; 4 Decisions and Orders on Bifurcation Requests in ICSID, ICSID Additional Facility, and UNCITRAL Arbitrations; 5A Non-Disputing Party Participation in ICSID Arbitrations; 5B Non-Disputing Party Participation in UNCITRAL Arbitrations; 5C Non-Disputing State Party Participation in ICSID and UNCITRAL Arbitrations; 6 Extract of Procedural Order Dealing with Evidentiary Matters; 7 Redfern Schedule; 8A Decisions on Place of Arbitration in ICSID Additional Facility and UNCITRAL Arbitrations; 8B Decisions on Manifest Lack of Legal Merit Applications in ICSID and ICSID Additional Facility Arbitrations; 8C Site Visits in ICSID and UNCITRAL Arbitrations; 8D Tribunal Experts in ICSID and UNCITRAL Arbitrations; 8E Applications for Reconsideration in ICSID and UNCITRAL Arbitrations; 9A Costs in ICSID and ICSID Additional Facility Arbitrations; 9B Costs in ICSID Annulment Proceedings; 9C Costs in UNCITRAL Arbitrations; 10A Correction in ICSID and ICSID Additional Facility Arbitrations; 10B Supplementary Decisions in ICSID and ICSID Additional Facility Arbitrations; 10C Interpretation in ICSID and ICSID Additional Facility Arbitrations; 10D Revision in ICSID Convention Arbitrations; 10E Stays of Enforcement in ICSID Annulment Proceedings
