International Commercial Arbitration : Important Contemporary Questions : Important Contemporary Questions - Albert Jan Van Den Berg

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International Commercial Arbitration : Important Contemporary Questions

Important Contemporary Questions

By: Albert Jan Van Den Berg

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Paperback | 1 October 2003

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528 Pages

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23.5 x 15.88 x 3.18

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The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRALs Model Law on International Commercial Conciliation. Further contributions give leading practitioners views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review.

Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation

Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention

Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts

Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts

Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes

Addresses the changing public perception of arbitration under investment treaties

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Preface
Welcome address	p. 1
Welcome address opening ceremony	p. 3
Opening address	p. 7
Tribute to Sir Michael Kerr	p. 9
The influence of international commercial arbitration on the permanent court of arbitration	p. 11
The requirement of a written form for an arbitration agreement : when "written" means "oral"	p. 19
The scope and enforceability of provisional measures in international commercial arbitration : a survey of jurisdictions, the work of UNCITRAL and proposals for moving forward	p. 82
Interim measures of protection - a European and continental perspective	p. 150
The enforcement of interim measures of protection "awards"	p. 163
Party autonomy and interim measures in international commercial arbitration	p. 179
Developing mechanisms for the resolution of international disputes : the UNCITRAL model law on international commercial conciliation	p. 190
Aspects of illegality in the formation and performance of contracts	p. 209
Misdeeds, wrongful conduct and illegality in arbitral proceedings	p. 261
Corruption and other illegality in the formation and performance of contracts and in the conduct of arbitration relating thereto	p. 288
The challenge of awards on the basis of criminal acts	p. 300
The detection of forgery and fraud	p. 314
Psychological aspects of dispute resolution : issues for international arbitration	p. 327
The psychological aspects of dispute resolution	p. 343
The psychological aspects of dispute resolution : commentary	p. 348
Public interest and investment treaty arbitration	p. 355
The role of the arbitrators in investment treaty arbitration	p. 366
Some objections to jurisdiction in investor-state arbitration	p. 376
The new face of investment arbitration : capital exporters as host states under NAFTA chapter 11	p. 392
Bilateral investment treaties of Japan and resolution of disputes with respect to foreign direct investment	p. 426
Challenging investment treaty arbitration awards - issues concerning the forum arising from the Metalclad case	p. 444
Postscript	p. 471
Table of Contents provided by Blackwell. All Rights Reserved.

International Commercial Arbitration : Important Contemporary Questions

Important Contemporary Questions

At a Glance

Paperback

Shipping

How to return your order

Defective items

You Can Find This Book In

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