מעודכן ל: 21.12.2023
בוררות מסחרית
בוררות by
ספרה האחרון של פרופ' סמדר אוטולנגי ז"ל בוררות – דין ונוהל פורסם בשנת 2005 ומאז התפתח מוסד הבוררות, כברת דרך ארוכה ונוצר הצורך להגיש לקהל המתדיינים חיבור מעודכן. הפנייה להתדיינות בבוררות העלתה בעבר חשש מחמת היעדר ערכאת ערעור על פסקי הבוררות. חשש זה הוסר בחלקו עם תיקונו של חוק הבוררות משנת התשס"ט, כאשר הוספו מנגנונים של ערכאות ערעור על פסקי בוררות, כמו ערעור על פסק בוררות בפני בורר אחר (בתנאים המפורטים בחוק התיקון) וערעור על פסק בוררות בפני בית המשפט (בהגבלות המפורטות בחוק התיקון). כמו כן התרחבה פסיקת בית המשפט העליון בנושא משפטי זה וניתנו הנחיות לבוררים ולקהל המתדיינים כיצד לנהוג בהליכים אלה (ראו במיוחד את פסק דינו המקיף של השופט ד"ר דנציגר בעניין ארט בי, המהווה מורה דרך לבורר לגבי חובת הגילוי של הבורר לצדדים עם פתיחת ההליך. שופט נכבד זה נענה לבקשת המחבר להקדים דברי פתיחה לספר זה). עקב העומס המוטל על בתי המשפט ובמיוחד בנושאים מסחריים "כבדים", פנו שופטים בדימוס בעלי ניסיון במשפט המסחרי לעסוק בבוררות בתחום זה ובתי המשפט ממליצים בפני מתדיינים, בתיקים המתאימים, לפנות בנושאים שכאלה לבוררות המאפשרת טיפול מהיר יותר בסכסוך. המחבר (שכתב את הספר הנפוץ סוגיות בסדר דין אזרחי בשתים עשרה מהדורות), בעל ניסיון של 28 שנות שיפוט ותשע שנים כבורר פעיל, מעלה בפני הקוראים את רזי המקצוע.
בוררות בעולם העסקי by
הספר נכתב במיוחד עבור המגזר העסקי בישראל, ונועד להעניק, גם למי שאינו בעל הכשרה משפטית, את הכלים ואת המידע המעודכן ומדויק ביותר להבנת עולם הבוררות, מתוך תפישה והבנה שהבוררות בישראל, כמו גם בעולם, הינה מגמה ההולכת וצוברת תאוצה רבה.
להבדיל מספרות אחרת בנושא, מתמקד הספר לא רק בתהליך אלא גם בסקירה מעשית של הליכי הבוררות בישראל ושל הליכי הבוררות הבינלאומית, ומעשיר את הקורא בתכנים חיוניים לנסיבות של היעדר הסכמות בעולם העסקים.
הספר מנחה את הנקלע להליך הבוררות באפשרויות העומדות לפניו, כגון:
מהם ההבדלים בין בוררות לבין הליכים בבית המשפט?
איך לבחור בורר ומהו המועד הנכון לפנות לבורר?
מהם הליכי הבוררות ואיך לנצל אותם לטובתך?
מה תהיה עלות הבוררות?
מיהו בורר חירום?
כל מה שצריך לדעת על בוררויות בינלאומיות?
עולם המשפט הינו דינמי ועלינו לבחון התפתחויות מעבר לים, שעשויות להיות רלוונטיות בייעול ההתנהגויות עבור הצדדים לבוררות.
Thomas H. Oehmke & Joan M. Brovins, Commercial Arbitration (3rd ed.) Westlaw CMLARB (database updated Sept. 2023).
Martin Domke, Gabriel Wilner & Larry E. Edmonson, Domke on Commercial Arbitration, Westlaw DCMLARB (database updated June 2023).
Arbitration and Human Rights: Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR by
This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.
Paralell Proceedings in International Arbitration by
It seems against the logic of the partiesè^-- choice, either in litigation or arbitration, to pursue both dispute resolution methods at the same time. Yet the reasons and incentives to initiate parallel proceedings are manifold, and indeed such proceedings have proliferated in recent years. Partiesè^-- motivation to initiate a set of proceedings in parallel to proceedings already in progress usually boils down to the expectation that some other forum than the one before which proceedings have already been commenced might produce better results. In other words, the respective advantages to be expected in either litigating or arbitrating in a specific jurisdiction constitute the main motivation for initiating parallel proceedings.
Swiss Contract Law in International Commercial Arbitration: Commentary by
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
Horacio A. Grigera Naón & Paul E. Mason, International Commercial Arbitration Practice: 21st Century Perspectives (MB) Lexis (database updated Dec. 2022).
Jay E. Grenig, International Commercial Arbitration, Westlaw INTLCOMARB (database updated May 2023).
The Arbitration Process by
The 2001 volume of the Comparative Law Yearbook of International Business deals with various aspects of the arbitration process. Some of the areas covered include the appointment of arbitrators, the points to be borne in mind by arbitrators during the conduct of arbitral proceedings, the evidentiary procedures involved in arbitration, and the advantages and disadvantages of arbitration when pitted against conventional litigation. Crucial to any successful arbitration is good preparation, in particular the setting down in an arbitral agreement of the intentions of the parties with regard to any future disputes that may arise between them. Ideally, the parties should agree, inter alia, upon the type of arbitration, the choice of law, the situs, and the number and appointment of arbitrators. The appointment of the arbitrators is a very important consideration in the conduct of an arbitration procedure. First, one must decide whether a sole arbitrator or a panel of three or more arbitrators is preferable in the specific circumstances, taking into account such criteria as cost, time, complexity of the issue, and the experience of the arbitrators. These points also, of course, have a bearing upon whether one chooses to arbitrate in the first place or whether litigation would be a more suitable route. Various factors in making these decisions are discussed in detail by the authors in this volume, and much valuable guidance is given to those involved in the arbitration process.
Collection of ICC Arbitral Awards, 1986-1990 by
This second volume of the Collection of ICC Arbitral Awards contains the awards that have already been published between 1985 and 1990 in the Yearbook Commercial Arbitration, the Journal du Droit International (Clunet) and also in the International Construction Law Review. As in the past volume (1974-1985), certain awards are produced both in English and French. The Analytical Table of Volume II covers all the awards contained in both Volumes I and II. The publication also includes a Consolidated Analytical Table, a Chronological Index and a Table of Cross-Referenced Tables. This book is an invaluable reference for anyone who wants to be informed about the ICC arbitration procedure and the awards made applying the different laws of a variety of trading nations. It is equally useful to the practitioner involved in drafting, negotiating and resolving international commercial contracts as it is to the scholar seeking source material on today's trends in international private and commercial law. Collection of ICC Arbitral Awards (CIAA) Vol. 2
Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions by
This thorough and up-to-date guide to this area of practice the first and only such guide available provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following: and#8226; theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and#8226; whether an arbitration clause may be extended to non-signatories; and#8226; to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts; and#8226; whether a respondent can join other defendants to the arbitration, be they privy to the arbitration agreement or third parties; and#8226; whether a party to a complex contractual structure can intervene voluntarily in the proceedings; and#8226; under what conditions separate arbitration proceedings may be consolidated; and#8226; how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings; and#8226; enforcement of multiparty-multicontract awards. It also includes an analysis of relevant national case law based on nearly 200 court decisions from the United States, France, Switzerland, England, Australia, Canada, Belgium and other countries.
Ethics in International Arbitration by
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Explaining Why You Lost: Reasoning in Arbitration by
Generally speaking, the losing party is more interested than the winning party in understanding the reasons for the outcome of the proceeding. And yet, the requirement that, unless otherwise agreed by the parties, the award "shall state the reasons upon which it is based" is a widely recognized principle in international arbitration. The rules of most arbitral institutions also require that an award include reasons. This Institute Dossier addresses reasoning in International Commercial and Investment Arbitration Awards: Should an arbitrator state his reasons? Why? How extensive and/or complete must the reasoning be for the process to be fully comprehensible and thus legitimate to the parties? What may be the consequences of an unsatisfactory reasoning? Readers will get useful insights into the legal reasoning process by accessing data from a recent large-scale empirical study of legal reasoning in commercial disputes. They will also be treated to some creative writing tips in the hope that reading an award becomes a more interesting part of the job. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute 'Dossiers' is a series that has gained international prestige. These Dossiers are the outcome of the Institute's annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration. An ICC Services publication, distributed by Kluwer Law International.
Guerilla in International Commercial Arbitration: Levelling the Playing Field by
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. "This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process." - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration "Dr. Ahuja''s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume." - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) "A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike." - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers "Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja''s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics." - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) "Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ''sharp practices'' in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants." - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration "From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker." - Harish Salve SA QC, Blackstone Chambers "This book shines a spotlight on arbitration''s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration." - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore
A Guide to the HKIAC Arbitration Rules by
This is the first detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules providing practitioners with an insider's perspective on how the HKIAC Secretariat administers arbitrations under these rules.Hong Kong International Arbitration Centre is one of the world's most highly sophisticated arbitration institutions, with a continuously growing annual caseload. HKIAC had a large number of arbitration cases in 2012, many of which were fully administered under the Administered Arbitration Rules 2008indicating significant increase from the previous year. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize key issues to consider when drafting an arbitral clause orstrategizing over the conduct of an arbitration. As well as offering an insider's perspective it provides examples of anonymous cases handled at the HKIAC, and a discussion on various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. Thebook not only draws from the authors' five years of experience administering arbitrations under the HKIAC Administered Arbitration Rules (2008) but highlights the various changes made in the revised Rules that came into effect in November 2013 benefitting from the authors' privileged access.The book begins with and introduction to the HKIAC including a history with statistics and details of other services provided by the HKIAC itself. The commentary then goes on to examine each article in depth. Relevant supporting documents are appended including Recommended HKIAC ArbitrationClauses, HKIAC Administered Arbitration Rules (2013), UNCITRAL Arbitration Rules 2010 and Hong Kong Arbitration Ordinance. No aspect of HKIAC arbitration is left unexamined, and the guide stands alone as a comprehensive exposition of HKIAC arbitration.
Handbook of ICC Arbitration : Commentary and Materials by
Key features:
Provides article-by-article commentary on the new 2021 ICC Rules of Arbitration, incorporating discussion of ICC Notes and developments in case law and soft law.
Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs.
Examines the diverse issues that can occur during an arbitration, from appointment and challenge of arbitrators, case management conferences, issues of due process and hearings, admissibility and weight of evidence, and annulment and enforcement of awards.
Contains a useful selection of models, notes, checklists and examples.
New to this edition:
The 2021 ICC Rules of Arbitration effective as of 1st January 2021.
Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration as updated on 1st January 2021.
The IBA’s Rules on the Taking of Evidence in International Arbitration as revised December 2020.
The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (14th December 2018).
International Commercial Arbitration by
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
International Commercial Arbitration: Commentary and Materials by
The revised and expanded Second Edition of Gary Born's landmark treatise International Commercial Arbitration provides the most detailed and up-to-date commentary, case analyses, and practice pointers available to practitioners and academics today. With full annotations and footnotes for invaluable research assistance, and clearly-written analyses that identify and discuss critical issues, it is an invaluable guide To The actual practice of international commercial arbitration anywhere in the world, by one of the field's most experienced practitioners. International Commercial Arbitration, Second Edition, examines the procedural aspects of international arbitration in contemporary practice; provides excerpts of representative international arbitral awards and national court decisions; and makes abundant reference to leading institutional rules as they are brought to bear on specific fact situations. It discusses in detail all leading international practices and legal sources relating to international commercial arbitration, including the New York and Inter-American Conventions, The UNCITRAL Model Law and other national arbitration legislation, and all leading institutional arbitration rules. it also expands and updates the First Edition's authoritative treatment of international arbitration by U.S. And other national courts. Divided into three parts--international arbitration agreements, international arbitral procedures, and international arbitration awards--the treatise explores each topic in detail, dealing with both legal and practical issues under leading international and national legal regimes. Through excerpts of key court decisions and detailed analysis, it thoroughly covers the role of U.S. courts in enforcing international arbitration agreements under the Federal Arbitration Act, providing an invaluable guide To The enforceability of international arbitration awards in U.S. courts And The role of U.S. courts in granting provisional remedies, selecting arbitrators and arbitral situses, ordering discovery, and otherwise providing judicial support For The international arbitral process. Note: North America: Sales Exclusive by Transnational Publishers, Inc.
International Commercial Arbitration and the Commercial Agency Directive: A Perspective from Law and Economics by
This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive's regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
International Commercial Arbitration in a Nutshell by
This is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts. Unlike other subjects, it must deal with two interlocking international dispute resolution regimes: the complex international arbitral regime itself, together with the important role of courts in enforcing arbitration agreement, intervening in an ongoing arbitration, and conducting judicial review of the eventual awards.
Law and practice of international commercial arbitration by 
The Principles and Practice of International Commercial Arbitration by
Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Principles of International Litigation and Arbitration by
Principles of International Litigation and Arbitration, 2d is part of West Academic Publishing's Concise Hornbook series. Its coverage commences with international dispute settlement Alternatives and Fundamentals, including Choice of Law, Choice of Forum and Forum Non Conveniens issues. Chapters 3 and 4 focus on International Commercial Arbitration and Foreign Investment Arbitration. International Business Litigation is examined in five chapters: Jurisdiction, Procedure, Sovereign Defenses, Enforcement of Judgments and the EU Litigation System. Chapter 10 finishes with Intergovernmental Trade Dispute Settlement. Principles of International Litigation and Arbitration, 2d contains considerable depth, analysis, citations and related documents. It can be used in connection with any international dispute settlement course book. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.
Redfern and Hunter on International Arbitration by
Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following thechronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, andhas become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world.The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leadinginternational arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration.
State-To-state Arbitration Based on International Investment Agreements: Scope, Utility and Potential by
This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
The UNCITRAL Arbitration Rules by
Reaching past the secrecy so often met in arbitration, this study explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. Pulling together difficult to obtain sources from the Iran -United States Claims Tribunal,arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations the Authors illuminate the shape the bare bones UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted bythe other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is also faithfully extracted and reproduced so that it may be argued in yet unforeseen procedural contexts. Rich both in its analysis and sources, this text isindispensable for the international arbitration field.The Authors have all served with the staff of the Iran -United States Claims Tribunal and served as arbitrators, counsel and judges with institutions ranging from the World Bank's International Centre for Settlement of Investment Disputes, to the European Court of Human Rights, and the UnitedNations.
אריה רייך "מדוע על ישראל לאמץ את החוק לדוגמה לבוררות מסחרית בין-לאומית של האו"ם" מחקרי המשפט ל(3) 707 (2016).
מעודכן ל: 21.12.2023
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