The technical, economic, and social development of the last 100 years has created a new type of long-term contract which one may call "Complex International Contract". Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, co-operation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.

A selection of cases decided by ICC arbitrators during the period 1986-1990. It reproduces case notes including extracts of awards in their original language with a commentary, as well as three indexes - an analytical and chronological one, and a keyword index in English and French - for easy reference. This reference should be of value to all interested in ICC arbitration procedure and ICC awards applying the various laws of a variety of trading nations.

As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar - jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel) - consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations.

This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.

This is the second volume to appear in the "AIJA Law Library" series. It has been prepared by members of the AIJA Standing Commission on International Arbitration under the editorship of Peter Eijsvoogel. It is intended to be a reference work for practitioners in the field of international arbitration, both counsellors and arbitrators. The book features 20 national reports from major jurisdictions. These outline the general character of the legal system in respect of ADR procedures, sources of procedural rules for arbitration, law and practice on documentary evidence and submissions, testimonial evidence and the involvement of experts. In addition, the text contains a detailed analysis of the legal rules pertaining to the taking of evidence in both civil and common law systems, and highly practical contributions relating to deposition skills.

This authoritative commentary examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. Following a call for modernization, this reform has further enhanced the attraction of Austria as an arbitral seat and has reinforced the importance of the Centre for parties seeking to resolve international commercial disputes. While the Rules themselves have become widely known among lawyers and arbitrators, there has been no significant commentary or guidance available until the advent of this book. Set out as an article-by-article commentary, the authors' expert guidance proceeds in conformance with international practice, reconciling approaches adopted in both common law and civil law traditions. Within this enormously valuable international perspective, the book provides in depth coverage of all details of arbitral procedure under the Vienna Rules and Austrian arbitration law, including: - validity of arbitration agreement and jurisdictional disputes; - appointment, rights and duties of arbitrators; - liability of arbitrators; - multiparty proceedings; - challenge of arbitrators and experts; - treatment of counter-claims; - interim measures of protection; - settlements and awards; and - costs and fees in arbitration. The book provides the reader with a framework, and specific instruments, to negotiate arbitrations effectively and ensure that the process remains predictable, expeditious and fair. Drawing on extensive research into the practice of the International Arbitral Centre in Vienna, as well as on case law, academic writing, and the Act's legislative history, this book will be of great value to corporate counsel, international lawyers, and arbitrators, as well as to students of dispute resolution.

This book provides a comprehensive study of the standard of 'full protection and security' (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

After its failure to bring an end to the Balkan wars of the 1990s, the European Union has worked hard to close the infamous 'capabilities-expectations gap' in the field of the European Security and Defence Policy (ESDP). In a very short timeframe, the EU agreed to the following: the institution of new political and military bodies; peculiar structures and procedures to ensure political guidance and strategic direction; principles for consultation and cooperation with non-European allies and other international organisations such as the UN and NATO; measures to enhance the Union's military and civilian capabilities; and the adoption of an acquis securitaire, including a European Security Strategy. The most striking manifestation and raison d'etre of the ESDP is the European Union's capacity to move beyond the paper security structures and back its diplomatic efforts by action on the ground. With the launching of more than twenty ESDP operations in barely five years' time, the EU has affirmed its operational capacity in ESDP. While most of the early ESDP missions were fairly successful, they have also revealed shortfalls, bottlenecks as well as broader issues in crisis management. In this book, prominent academics and leading practitioners explore this wide variety of policy and legal aspects of ESDP and present the lessons which should be taken to heart now that the EU is facing its 'maturity test' as an international crisis manager in high-risk theatres around the world. The book will be an important tool for decision-makers, officials and academics involved in the further development of ESDP. Its contents incorporate the text and potential effects of the Lisbon Treaty and the ECJ's judgment in the Small and Light Weapons/ECOWAS case. Dr Steven Blockmans is a Senior Research Fellow in EU law and Deputy Head of Research at the T.M.C. Asser Instituut, The Hague.

Multilateral investment treaties (MITs) are international legal instruments whose purpose is to facilitate social and economic cooperation on a global scale. While there is abundant literature and precedent on MITs generally, authors Kabir Duggal and Mohamed Wahab provide some of the first analysis focusing on the execution of MITs in the Arab and Muslim-majority worlds in this volume of Brill Research Perspectives in Investment Arbitration. This book focuses on two MITs: the Unified Agreement for the Investment of Arab Capital in the Arab States (UAA) and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States (OIC). The UAA and OIC are among the oldest MITs in the world, enacted in 1980 and 1988, respectively. But only recently have these two long-dormant treaties acquired special significance. This book provides a comprehensive, critical review of these two treaties.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

This book investigates how a North African solar thermal power plant can be set up under the guidance of European investors (e.g. the Desertec Concept) as a Public Private Partnership (PPP). It outlines the importance of early awareness of contract-related risks, investment risks and dispute settlement, arguing that commercial and investment arbitration are the best tools for settling disputes regarding a large-scale solar thermal project. Furthermore, by comparing institutional and ad hoc arbitration, it shows that the former offers highly suitable support. The latest developments in the area of investment arbitration under EU law and the general acceptance of arbitration in Islamic countries are examined in particular. This book also demonstrates that a solar thermal power plant must meet certain requirements to be considered an investment. These requirements are examined in relation to Art. 25 of the International Centre for Settlement of Investment Disputes Convention (ICSID Convention) and respective case law. Overall, the book offers valuable guidelines for investors and host states on how to successfully implement large-scale solar thermal projects.

In this second edition of Samir Saleh's major work on commercial arbitration in the Arab Middle East, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated the book so that it offers a fully modern account of domestic commercial arbitration practice, with an international dimension, under the sharia and in Syria, Lebanon and Egypt. The first part of the book, dealing with sharia, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country. For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton's aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans van Houtte, who has been a professor of international commercial arbitration at the University of Leuven for more than 20 years. In addition to his widely -praised contribution to the theory of arbitration, Professor Van Houtte has built a long career in the practice of arbitration, presiding over a vast array of arbitral tribunals and holding appointments to international tribunals, most recently as president of the Iran-US Claims Tribunal. Hans van Houtte has always been concerned with the practical usefulness of scholarly writings, and this book respects this approach. This volume will prove essential for all arbitration practitioners and will also be of great interest also to academics and research students with an interest in international arbitration.

In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation-for decades hovering at the edge of dispute resolution practice-is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation's many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation's risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation. Among the aspects discussed and analysed are the following: - the emerging and significant new wave of global disputants; - need to resolve disputes on the basis of factors other than law; - increasing tendency of disputes to defy specific legal categories; - dispute prevention systems drawing on mediation principles, such as project management mediation, partnering, and alliancing; - mediation compared to others forms of dispute resolution; - referral to mediation; - mediation and multi-tiered dispute resolution (MDR) clauses; - the duties of mediators, lawyers and parties; - confidentiality and its implications; - enforceability of mediated settlements; and - the impact of mediation on legal rights and remedies. While the book draws on examples from around the world, six primary jurisdictions (the United States, Australia, England, France, Germany, and Austria) are selected for several reasons, including comparison of legal traditions, significant volume of mediation-related case law, and the existence of mediation-related legislation and implementation requirements. Cross-border legal instruments examined include the European Directive on Mediation, UNCITRAL's Model Law on International Commercial Conciliation (MLICC), and the Uniform Mediation Act (UMA) in the United States. In the 21st century mediation is at the forefront of contemporary social and legal development and is finding a place in both physical dispute resolution forums and worldwide electronic-based communities. International and Comparative Mediation, with its deeply informed insights into emerging international trends and the diversity of mediation regulation applicable to international disputes, shows conflict management practitioners how to create a forum culturally acceptable to each specific group of participants, with a view to agreeing on appropriate norms for the regulation of future relationships. It will be welcomed by lawyers working in a wide range of cross-border practice. Professor Nadja Alexander holds appointments at City University Hong Kong, Murdoch University in Australia and University of the Witwatersrand in South Africa. Her books on dispute resolution have been published internationally and her work has appeared in English, German and Russian language versions.