In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

The International Centre for Settlement of Investment Disputes (ICSID) has become the leading arbitration institution for resolution of investor-state disputes, especially as ICSID may administer arbitrations initiated under such multilateral treaties as the North American Free Trade Agreement (NAFTA) and the growing number of bilateral investment treaties (BITs). Accordingly, familiarity with the regime and jurisprudence of ICSID arbitration is an essential component of any international investment venture. This Guide to ICSID Arbitration, written by three leading practitioners in the eminent international law firm of Freshfields Bruckhaus Deringer, fills the gap in the literature between generic descriptions and academic commentary on ICSID or its aspects. It provides a sufficiently detailed but still 'user-friendly' understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish. It offers potential and non-expert users of the ICSID regime'as well as those generally interested in international commercial arbitration'with the essentials of the ICSID Convention and of BITs, the various sets of rules, ICSID procedure, and the rapidly developing ICSID jurisprudence. The Guide includes the following: an introduction to the ICSID regime; a discussion of the comparative merits of ICSID and other forms of arbitration; the basics of ICSID contractual arbitration; the basics of ICSID arbitration under bilateral and multilateral investment treaties; illustrative treaty materials, including discussion and comparison of BITs, and the full text of model and sample BITs and Chapter 11 of NAFTA; a description of the main ICSID rules and how a typical ICSID case develops in practice; a discussion of the unique features of annulment, recognition and enforcement of ICSID awards, with reference to the main awards to date; extensive annexes of basic ICSID documents, along with texts of relevant treaties and a chart of BITs entered into between ICSID Member States; and a selective bibliography of resources, for those who desire a more detailed and analytical understanding of ICSID arbitration and ICSID case law. Guide to ICSID Arbitration will be of immeasurable value to international investors, corporate counsel, businesspersons, government legal advisors, interested lawyers and arbitrators, and students of dispute resolution. Pitched at an ideal location between academic scholarship and introductory texts, it offers parties in all these areas a full-fledged practical guide to the day-to-day realities of international investment dispute resolution in today's world.

For many parties to international contracts, arbitration has proven to be the most effective means of dispute resolution. Too many of these agreements, however, still founder on the rock of a defective dispute resolution clause. This acclaimed book shows practitioners how to steer clear of that all-too- common obstacle by drafting fully-informed, comprehensive contract provisions at the outset. With this newly updated edition of the very successful The Freshfields Guide to Arbitration and ADR - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred during the years since the First Edition, it offers: clear, uncomplicated contract-drafting advice, derived from the authors' wide practical experience model clauses that ensure the effectiveness of dispute resolution provisions - and avoid their pitfalls, and important reference materials. With this new edition The Freshfields Guide to Arbitration and ADR reaffirms itself as the preferred short guide for busy contract negotiators. It will help them to draft provisions that will weather disputes, preserve transactions, and foster long-lasting mutual confidence and trust among the parties.

Volume 14 of ICCA Congress Series, The New York Convention at 50, comprises the proceedings of the ICCA Conference held in Dublin in 2008 on the fiftieth anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. One of the highlights of the Conference was a Plenary Session in which the world's leading arbitration experts debated the need to revise the New York Convention. This discussion, along with the text of a preliminary draft of the revised Convention presented during the Conference, is reported in this volume. Further Reports and Commentary explore the two main themes of the Conference: Investment Treaty Arbitration/Treaty Arbitration, with contributions on: - The Impact of Investment Treaty Arbitration: Identifying the Expectations, Testing the Assumptions; - Investment Treaty Arbitration and Commercial Arbitration: Are They Different Ball Games? - Remedies in Investment Treaty Arbitration: The Bottom Line; and - The Enforcement of Investment Treaty Awards, and Rules-Based Solutions to Procedural Issues, with contributions on: - Multi-party Disputes; - Consolidation of Claims; - Summary Disposition; and - Provisional Measures. The volume also includes transcripts of the Round Table Session assessing the revisions to the UNCITRAL Rules on International Commercial Arbitration and of an Open Discussion on Recent Developments in International Arbitration.

"Review excerpts from the book on" Scribd > International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards, arbitration legislation and rules throughout the world as well as on court decisions applying the leading arbitration conventions.
Volume XXXII includes:
- excerpts of arbitral awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC);
- notes on new and amended arbitration rules, including references to their online publication;
- notes on recent developments in arbitration law and practice in Bolivia, China, Mongolia, New Zealand and Switzerland;
- excerpts of 89 court decisions applying the 1958 New York Convention from 18 countries -- including, for the first time, decisions from Pakistan, Portugal and Venezuela -- all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;
- an extensive Bibliography of recent books and journals on arbitration.
Edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, the Yearbook is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Volume 13 of ICCA Congress Series, International Arbitration 2006: Back to Basics?, contains the proceedings of the 13th ICCA Congress held in Montreal in 2006, where international commercial arbitration specialists from around the world gathered to glean fresh insights on fundamental issues, focusing on three central themes.
The Reports and Commentary presented in Working Group A of the Congress concentrate on Re-examining the Arbitration Agreement. Leading experts explore crucial topics, including:
- The autonomy of the arbitration agreement;
- The arbitrators 'jurisdiction to determine Jurisdiction;
- The law applicable to the arbitration agreement; and
- Treaties as agreements to arbitrate.
Working Group B sessions examine Contemporary Practice in the Conduct of Proceedings and cover procedural aspects in Round Tables on:
- Fact testimony;
- Document production;
- The effective use of legal and technical experts; and
- Oral Argument: and in Reports and Commentary on:
- Arbitral Provisional Measures: The Actual Practice; and
- Evidentiary Privileges.
The volume concludes with the papers generated from the Congress's Plenary Session on Commercial Arbitration and Transnational Public Policy and Treaty Arbitration and International Law.

In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. But considerable problems remain. The aim of this new Dossier by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This is the third in a series of Dossiers from the Institute.

The International Chamber of Commerce's world-renowned Institute of World Business Law, where legal and business experts convene, has devoted an entire publication to money laundering and other forms of corruption: Arbitration - Money Laundering, Corruption and Fraud. This important Dossier focuses both on the nature of the problem and the lawyer/arbitrator's response to it. This is the first in a series of ICC Institute Dossiers. This useful text contains the proceedings of a conference on arbitration and money laundering organized by the ICC Institute of World Business Law. It brings the reader the expertise of lawyers, academicians and chartered accountants from a range of countries and addresses the key questions arbitrators and legal practitioners want answered: "Is the arbitrator's role in a case of fraud different from his role in other disputes?" "Is the arbitrator bound to report a case of money laundering or fraud if he has a suspicion that something is wrong?" "Is counsel to report someone coming to him for advice?" The Dossier gives a comprehensive overview of the issues. It begins with a look at the nature of the problems lawyers and other professionals face and the solutions they adopt in their daily business. The second part of the book concentrates on the problems raised for arbitrators by money laundering, fraud and bribery. The book ends with a detailed Q&A discussion section.

This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. Because IT tools can reduce costs and time radically by accelerating the arbitral process, the trend toward more and more use of such tools in arbitral proceedings is unstoppable. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make. In this first handbook on what is likely to become one of tomorrow's incontrovertible topics in the field of arbitration, a well-known expert in ODR guides the reader through the reasons to use IT and its practicalities, the choices made by the prevalent arbitration institutions in this regard, and the legal limits to the use of such technologies. His powerful 'toolbox' includes a wealth of practice guidelines, drafting suggestions for arbitrators or parties wishing to use IT, and checklists and reminders to be used in practice. Among the efficiency-promoting IT tools thoroughly explained are the following: case management websites; videoconferencing; live notes; ODR platforms as ready-to-use solutions; online filing; and e-mail. The presentation focuses on the IT systems developed by major arbitral institutions like the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and the World Intellectual Property Organization (WIPO), with detailed guidance through their case management websites, virtual case rooms, extranets, and other IT tools allowing multiparty communications. The book's highly accessible text - complete with anecdotes, vividly depicted examples, and interesting background information - is backed with great knowledge and expertise in the uses of IT in law practice, so the reader is assured of gaining confident awareness of the easy advantages to grasp and the stumbling blocks to avoid as he or she proceeds. This is a book in which anyone involved in an arbitration, or even likely to be, will discover great benefit.

This work is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. According to some observers, written witness statements, taken in advance, have lessened the chance that surprises will be sprung upon counsel and arbitrators during oral testimony. But considerable problems remain. The aim of "Arbitration and Oral Evidence", prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved. This is the second in a series of Dossiers from the ICC Institute. See also "Arbitration - Money Laundering", "Corruption and Fraud" and "Parallel State and Arbitral Procedures in International Arbitration." The evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration. However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help. The issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence. "Arbitration and Oral Evidence" lays out the issues in a transparent and easy-to-understand way.

Companion website: www.oup.com/dewar Now in its third edition, International Project Finance is the definitive guide to legal and practical issues relating to international projects. The book considers the application of English and New York law in cross-border documentation and legal and practical matters associated with running financing projects in civil law jurisdictions. Different sources of funding are also examined, such as banking and international bond documentation, and Islamic financing practice, in particular the use of Murabaha financing techniques and Sukuk (Islamic bond) market. This includes the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise. The book also contains extensive coverage of dispute resolution in international projects. New to this edition is a chapter on development finance institutions covering the work of bodies such as the World Bank and the African Development Bank. This chapter explains the key roles played by these institutions in international project finance, especially in emerging markets. It covers the key policy issues and the impact of such policies on project finance documentation. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal and contractual differences between the various sectors such as transportation, infrastructure/Public Private Partnerships, conventional, renewable and nuclear power, mining, and oil and gas. Telcommunications, including broadband, are covered in more detail in a separate section for this edition This book provides the context of international project finance which underpins the understanding of legal analysis in this area. It includes detailed guidance on practical issues such as the identification and assessment of project risk, together with relevant documentation such as risk matrices and checklists covering both key project contracts and the major terms of a project financing. With its focus on international projects and emphasis on the practical application of the law, this book is an essential reference work for all practitioners in the field. International Project Finance 3e Digital Pack includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad or iPhone for quick and easy access wherever you are.

Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.

"CCA's Congress Series No. 12", reflecting the contributions of numerous renowned arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.

The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk. The authors expertly analyse some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, state responsibility, treaties protecting foreign investment, and international arbitration between states and investors. Since the previous edition was released in 2005, far more attention has been paid to these issues, in particular investor-state arbitration. All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. This book is addressed to a wide audience, and is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. While appropriate for practitioner use, this book is also suitable for undergraduate students or for graduates who intend to specialize in international investment law.