Overview

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.

Full Product Details

Author:   Julio César Betancourt (Head of Research and Academic Affairs, Head of Research and Academic Affairs, Chartered Institute of Arbitrators)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.40cm , Height: 3.40cm , Length: 24.90cm
Weight:   1.096kg
ISBN:  

9780198783206

ISBN 10:   0198783205
Pages:   518
Publication Date:   12 May 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Julio César 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 Böckstiegel: 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 Barceló 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 § 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: Sébastien 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

Reviews

This is no ordinary liber amicorum. A constellation of the brightest stars in the firmament of international commercial arbitration has shone new light on a comprehensive selection of contemporary problems. Professor Derek Roebuck, Institute of Advanced Legal Studies This is a rich collection of contributions on all aspects of international arbitration from authors pre-eminent in the field. It is a worthy celebration of CIArb's Centenary. Michael Collett QC, 20 Essex Street

`This is no ordinary liber amicorum. A constellation of the brightest stars in the firmament of international commercial arbitration has shone new light on a comprehensive selection of contemporary problems.' Professor Derek Roebuck, Institute of Advanced Legal Studies `This is a rich collection of contributions on all aspects of international arbitration from authors pre-eminent in the field. It is a worthy celebration of CIArb's Centenary.' Michael Collett QC, 20 Essex Street `This is a valuable contribution to the world's trove of arbitral wisdom - from an elegant foreword through the kidnapped arbitrator (it is a more exciting world than you might think!) - to the comprehensive review of how construction conflict resolution has evolved, there is much here to interest, to enjoy, and from which to learn.' John Tackaberry QC, 39 Essex Chambers `This fine collection of essays delivers what some other international arbitration texts only promise: you really will learn something new from each of the meticulously edited, eminently readable chapters. A fitting 100th-birthday tribute to the CIArb.' Simon Nesbitt QC, Maitland Chambers `With this collection of leading international arbitration players writing - from specialized experience - on this collection of issues, this liber amicorum will be defining indeed. Congratulations to the CIArb.' Lucy Reed, Freshfields Bruckhaus Deringer `The Chartered Institute of Arbitrators celebrates its 100th anniversary with a book that is a tribute to the great contribution that it has made to the progress and development of international dispute resolution in a time of renewed challenges. Defining Issues in International Arbitration provides a fascinating perspective on the contemporary issues facing arbitration and is an extremely valuable source of inspiration on how they should be addressed. Any practitioner or scholar should read it.' Alexis Mourre, President, ICC International Court of Arbitration

Author Information

Julio César Betancourt was admitted to the practice of law in 2001. He obtained his Master's in International Business Law from University College London, specializing in Alternative Dispute Resolution, Dispute Resolution and Conflict Management, and International Arbitration. Julio César is the Chartered Institute of Arbitrators' Head of Research and Academic Affairs. He is currently pursuing doctoral studies at the University of Salamanca.

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